State of Utah v. Bonnet

State v. Bonnet

IN THE UTAH COURT OF APPEALS

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State of Utah,
Plaintiff and Appellee,

v.

Derek James Bonnet and Geneen Marie Haugen,
Defendants and Appellants.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20021033-CA
 

F I L E D
(June 26, 2003)
 

2003 UT App 221

 

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Seventh District, Monticello Department

The Honorable Lyle R. Anderson

Attorneys: Rosalie Reilly, Monticello, for Appellants

Mark L. Shurtleff and Joanne C. Slotnik, Salt Lake

City, for Appellee

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Before Judges Jackson, Greenwood, and Orme.

PER CURIAM:

This case is before the court on a stipulated motion for summary reversal of the trial court's denial of a motion to suppress evidence obtained at a check point. The parties contend that, based on the recent opinion issued by the Utah Supreme Court in State v. Abell, 2003 UT 20, 473 Utah Adv. Rep. 11, the multi-purpose check point involved in the case before this court is unconstitutional.

Our review of the record supports the conclusion of the parties. Therefore, we summarily reverse the trial court's denial of Appellants' motion to suppress evidence obtained at a
check point. We further remand this case to the trial court for entry of further order as a result of this decision.

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Norman H. Jackson,

Presiding Judge

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Pamela T. Greenwood, Judge

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ORME, Judge (concurring in the result):

The parties' stipulation is regular on its face. I see no need in such a case for this court to review the record or otherwise second-guess the considered assessment of counsel. I would prefer the court simply issue an order implementing the stipulation.

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Gregory K. Orme, Judge