State of Utah v. Francis

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State of Utah,
Plaintiff and Appellee,

v.

Johnnie Lee Francis,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020353-CA

F I L E D
November 29, 2002 2002 UT App 397 -----

Sixth District, Richfield Department
The Honorable David L. Mower

Attorneys:
Randall K. Spencer and Jennifer K. Gowans, Provo, for Appellant
Mark L. Shurtleff and Jeffrey T. Colemere, Salt Lake City, for Appellee

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Before Judges Billings, Bench, and Thorne.

PER CURIAM:

This case is before the court on a joint motion to reverse and remand. The parties agree that the trial court erred in determining that Appellant gave conditional consent to search his car. Further, that the presence of an air freshener, alone does not establish probable cause to search the car. See United States v. Alvarez, 68 F.3d 1242, 1245 (10th Cir. 1995); State v. Taylor, 2000 UT App 123.

This court is satisfied that the stipulation is appropriate. Therefore, the trial court's ruling denying Appellant's motion to suppress is reversed. The evidence obtained in the search of Appellant's car is ordered suppressed and the case is remanded to the trial court for further proceedings in accordance with this decision.
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

______________________________
Russell W. Bench, Judge
 
 

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William A. Thorne Jr., Judge