State v. Simmons

OPINION

DAVIS, Judge.

Appellant, the State of Utah, filed this interlocutory appeal from the trial court’s suppression order. Appellees, David Simmons and Patricia Kay Simmons, have been charged with possession of a controlled substance with the intent to distribute within 1000 feet of a child care facility or with a person younger than eighteen years. Utah Code Ann. § 58-37-8(1) & (5) (Supp.1993). We affirm in part, reverse in part, and remand for further proceedings.

FACTS

The relevant facts of this case are those contained in the affidavit supporting the search warrant application. The…