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STATE v. VASQUEZ-MARQUEZ

No. 20070488-CA.

204 P.3d 178 (2009)

2009 UT App 14

STATE of Utah, Plaintiff and Appellee, v. David VASQUEZ-MARQUEZ, Defendant and Appellant.

Court of Appeals of Utah.

January 23, 2009.

Attorney(s) appearing for the Case

Margaret P. Lindsay, Spanish Fork, for Appellant.

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

Before THORNE, Associate P.J., BILLINGS, and DAVIS, JJ.

OPINION

DAVIS, Judge:

¶ 1 A jury convicted David Vasquez-Marquez (Vasquez) of possession of a controlled substance with intent to distribute in a drug-free zone, a first degree felony, see Utah Code Ann. § 58-37-8(1)(a)-(b), (4) (Supp. 2008). Vasquez appeals, arguing that the trial court erred in denying his motion to suppress the evidence found during a search of his home. We agree and reverse.

BACKGROUND

¶ 2 On September...

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