STATE v. NARANJO

No. 20030677-CA.

118 P.3d 285 (2005)

2005 UT App 311

STATE of Utah, Plaintiff and Appellee, v. James Andrew NARANJO, Defendant and Appellant.

Court of Appeals of Utah.

June 30, 2005.


Attorney(s) appearing for the Case

Dee W. Smith, Ogden, for Appellant.

Mark L. Shurtleff and Joanne C. Slotnik, Salt Lake City, for Appellee.

Before Judges BILLINGS, BENCH, and THORNE.


OPINION

THORNE, Judge:

¶ 1 James Andrew Naranjo appeals from his conviction, following the denial of his motion to suppress, of possession of a controlled substance with the intent to distribute, a first degree felony. See Utah Code Ann. § 58-37-8(1)(a)(iii) (2002). We reverse.

BACKGROUND

¶ 2 In the early afternoon of January 5, 2003—a Sunday between semesters—officer David Valentine of the Weber State...

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