STATE v. STRUHS

No. 960416-CA.

940 P.2d 1225 (1997)

STATE of Utah, Plaintiff and Appellee, v. Randolph Paul STRUHS, Defendant and Appellant.

Court of Appeals of Utah.

June 19, 1997.


Attorney(s) appearing for the Case

Scott L. Wiggins, Holmgren, Arnold & Wiggins, L.C., Salt Lake City, for Defendant and Appellant.

Jan Graham, Atty. Gen. and Barnard N. Madsen, Asst. Atty. Gen., Criminal Appeals Div., Salt Lake City, for Plaintiff and Appellee.

Before BILLINGS, JACKSON and ORME, JJ.


OPINION

BILLINGS, Judge:

Defendant Randolph Paul Struhs appeals a conditional guilty plea of possession of a controlled substance, a third-degree felony, in violation of Utah Code Ann. § 58-37-8(2)(a) (1996 & Supp.1996). Specifically, defendant claims the trial court erred in denying his motion to suppress. We agree and therefore reverse and remand.

FACTS

At approximately 10:00 p.m. on March 3, 1995, Deputy Eileen Knighton, a deputy...

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