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STATE v. O'BRIEN

No. 970367-CA.

959 P.2d 647 (1998)

STATE of Utah, Plaintiff and Appellant, v. Kelly O'BRIEN, Defendant and Appellee.

Court of Appeals of Utah.

June 4, 1998.

Attorney(s) appearing for the Case

Jan Graham and Marian Decker, Salt Lake City, for Appellant.

John T. Caine, Ogden, for Appellee.

Before DAVIS, P.J., and BENCH and ORME, JJ.

OPINION

BENCH, Judge:

The State appeals the trial court's final order dismissing the charges against Kelly O'Brien for two counts of possession of a controlled substance, one count of possession of drug paraphernalia, and one count of an open container in a motor vehicle. The State contends that the trial court erroneously granted defendant's motion to suppress the seized evidence. We agree and reverse.

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