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STATE v. HARKER

No. 20090125.

240 P.3d 780 (2010)

2010 UT 56

STATE of Utah, Plaintiff and Respondent, v. Jeff Brian HARKER, Defendant and Petitioner.

Supreme Court of Utah.

September 28, 2010.

Attorney(s) appearing for the Case

Mark L. Shurtleff , Att'y Gen., Kenneth A. Bronston , Asst. Att'y Gen., Salt Lake City, for plaintiff.

Scott L. Wiggins , Salt Lake City, for defendant.

On Certiorari to the Utah Court of Appeals

DURRANT, Associate Chief Justice:

INTRODUCTION

¶ 1 This case is before us on writ of certiorari to the court of appeals and requires us to determine the meaning of "in the presence" as that phrase is set forth in section 77-7-2(1) of the Utah Code, which allows an officer to make an arrest for a class B misdemeanor only if the offense was committed "in the presence" of an officer.

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