State v. White

GREENWOOD, Judge:

Defendant Herbert C. White appeals his conviction for attempted unlawful possession of a controlled substance, a class A misdemeanor, in violation of Utah Code Ann. § 58-37-8(2)(a)(i), -8(2)(b)(ii), and -8(7) (Supp.1992), on the ground that the trial court convicted him based on erroneously admitted evidence. On appeal defendant claims that (1) the police officer exceeded the scope of a lawful frisk because he had no reasonable belief that he or anyone else was in danger; and (2) the court erred in not suppressing certain evidence as fruits of a search rendered unlawful by…