State v. Tetmyer

OPINION

WILKINS, Associate Presiding Judge:

Defendant John Michael Tetmyer appeals from the trial court’s order denying his motion to suppress evidence. Following the trial court’s denial of his motion to suppress, defendant entered a conditional guilty plea to possession of a controlled substance, a third degree felony, in violation of Utah Code Ann. § 58 — 37—S(2)(a)(i) (1996). We reverse.

BACKGROUND

Because we are reviewing the trial court’s decision denying defendant’s motion to suppress, we recite the facts in a light most favorable to the trial court’s findings. See State v. Montoya, 937…