State v. Utterback

Arguing that the evidence used to convict him was obtained from his home pursuant to an invalid search warrant, Randall Utterback appeals his conviction and 2- to 4-year prison sentence for possession with intent to manufacture, distribute, deliver, or dispense marijuana.

Utterback assigns as error the failure of the trial court (1) to suppress physical and visual evidence obtained at the defendant’s home pursuant to an invalid search warrant, and (2) to place the defendant on probation.

We reverse Utterback’s conviction and direct the district court for Dodge County to dismiss the charges…