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STATE v. SMITH

No. 20100474-CA.

293 P.3d 1148 (2012)

2012 UT App 370

STATE of Utah, Plaintiff and Appellee, v. Brian Avery SMITH, Defendant and Appellant.

Court of Appeals of Utah.

December 28, 2012.

Attorney(s) appearing for the Case

Jacqueline R. Hopkinson and Brenda M. Viera , Salt Lake City, for Appellant.

Mark L. Shurtleff and Christopher D. Ballard , Salt Lake City, for Appellee.

Before Judges ORME, DAVIS, and THORNE.

MEMORANDUM DECISION

ORME, Judge:

¶ 1 Defendant Brian Avery Smith appeals his convictions for possession of a controlled substance, a third-degree felony, see Utah Code Ann. § 58-37-8(2)(a)(i) (2012),1 and possession of drug paraphernalia, a class B misdemeanor, see id. § 58-37a-5(1). He argues that the trial court erred by refusing to consider his motion to suppress evidence and by admitting evidence...

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