State v. Moreno

OPINION

BENCH, Judge:

Defendant was charged with possession of a controlled substance, a third degree felony, in violation of Utah Code Ann. § 58-37-8(2) (Supp.1991). Following the denial of his pretrial motion to suppress evidence, defendant pleaded guilty on condition that he could appeal the denial of his motion to suppress. See State v. Sery, 758 P.2d 935, 939 (Utah App.1988). Subsequently, the trial court granted a certificate of probable cause and stayed incarceration pending appeal. Defendant’s initial appeal to this court was remanded to the trial court for findings of fact and…