Docket Number

981384

Document Type

Brief of Appellant

Publication Date

1998

Abstract

The matter comes before the Court from the Second Judicial District Court, numbers 981901020, 981901021, 981901023 and 981901022, these cases having been consolidated by this Court in case number 981384-CA. Appellant Barrett was originally charged with violation of 58-37-8(2) U.C.A. (1953) as amended, a Second Degree Felony on March 6, 1998, for possession of a controlled substance (R. at Vol. IV P. 001); Count I, violation of 76-6-202 U.C.A. (1953) as amended for burglary, a Third Degree Felony; Count II violation of 76-6-404, U.C.A. (1953) as amended, a Class A Misdemeanor for theft; Count III, violation of 76-6-202, U.C.A. (1953) as amended, for theft, a Third Degree Felony on March 6, 1998; Count IV, violation of 76-6-404 U.C.A. (1953) as amended, for theft; Count V, violation of 76-6-202 U.C.A. (1953) as amended, for burglary, a Third Degree Felony; Count VI violation of 76-6-404 U.C.A. (1953) as amended, for theft, a Third Degree Felony; Count VII, violation of 76-6-202 U.C.A. (1953) as amended, for burglary, a Third Degree Felony, and Count VIII in violation of 76-6-404, U.C.A. (1953) as amended, for theft which was dismissed May 5, 1998. (R. Vol. Ill P. 001- 008) Appellant Hughes was originally charged with violation of 58- 37-8(2) U.C.A. (1953) as amended, for possession of a controlled substance on March 6, 1998; violation of 76-6-202 U.C.A. (1953) as amended for burglary on March 6, 1998, a Third Degree Felony; violation of 76-6-404, U.C.A. (1953) as amended, a Class A Misdemeanor and violation of 76-6-202 U.C.A. (1953) as amended, a Third Degree Felony on March 6, 1998. (R. at 001-004 of each volume). On March 17, 1998, both Appellants plead not guilty to all charges after waiving their preliminary hearing. (R. at Vol. I P. 007, Vol. II at P. 038, Vol. Ill at 025 and Vol. IV at P. 0 04) . Defense Attorney Martin Gravis on behalf of both Appellants, filed his Motion to Suppress evidence as a result of illegally obtaining evidence. (R. at Vol. II at P. 027) (R. at Vol. II P. 001-008). Both Appellants agreed to plead to lesser offenses so long as the issue of Appellant's Suppression Motion and Judgment entered thereon could be presented to this Court for review as to whether evidence should have been excluded.

Comments

Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
Jan Graham; Utah Attorney General; Attorney for Appellee.
Randine Salerno; Attorney for Appellant.

Rights

Public record document (some rights may be reserved).

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