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STATE v. PENICK

No. 20110495-CA.

291 P.3d 241 (2012)

2012 UT App 320

STATE of Utah, Plaintiff and Appellee, v. Jeremy D. PENICK, Defendant and Appellant.

Court of Appeals of Utah.

November 16, 2012.

Attorney(s) appearing for the Case

Samuel P. Newton , Kalispell, Montana, for Appellant.

Mark L. Shurtleff and Jeanne B. Inouye , Salt Lake City, for Appellee.

Before Judges ORME, DAVIS, and VOROS.

MEMORANDUM DECISION

DAVIS, Judge:

¶ 1 Jeremy D. Penick appeals from a conviction of attempted murder, a first degree felony, see Utah Code Ann. § 76-5-203(2)(a) (LexisNexis Supp.2012); id. § 76-4-101; id. § 76-4-102(1)(c)(i),1 arguing that his trial counsel was ineffective for failing to file a motion to suppress evidence that was obtained following what Penick characterizes as an illegal...

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