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STATE v. DESPAIN

No. 20060769-CA.

173 P.3d 213 (2007)

2007 UT App 367

STATE of Utah, Plaintiff and Appellee, v. Robert Nicholas DESPAIN, Defendant and Appellant.

Court of Appeals of Utah.

November 16, 2007.

Attorney(s) appearing for the Case

Jason Schatz, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., and Kenneth A. Bronston, asst. atty. gen., Salt Lake City, for Appellee.

Before BENCH, P.J., GREENWOOD, Associate P.J., and BILLINGS, J.

OPINION

BENCH, Presiding Judge:

¶ 1 Following the trial court's denial of his motion to suppress evidence, Defendant Robert Nicholas Despain pleaded guilty to one count of driving under the influence of alcohol or drugs, see Utah Code Ann. § 41-6-44 (2004) (current version at Utah Code Ann. § 41-6a-502 (2005)), and one count of possession of a controlled substance, see Utah Code Ann. § 58-37-8(1)(a)(iii) (2002). Defendant...

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