State of Utah v. Brown

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State of Utah v. Brown, Case No. 20000707-CA, Filed April 5, 2001 IN THE UTAH COURT OF APPEALS


State of Utah,
Plaintiff and Appellee,


Robert Todd Brown,
Defendant and Appellant.

(Not For Official Publication)

Case No. 20000707-CA

April 5, 2001 2001 UT App 104 -----

Second District, Ogden Department
The Honorable Michael Lyon

Maurice Richards and Jerald N. Engstrom, Ogden, for Appellant
Mark L. Shurtleff and Joanne C. Slotnik, Salt Lake City, for Appellee


Before Judges Billings, Davis, and Orme.

DAVIS, Judge:

Brown pleaded guilty to possession of a controlled substance before the trial court ruled on the legality of the ensuing search of Brown's person. In connection therewith, he reserved only "the right to appeal [the trial court's] finding with regard to the stop." (Emphasis added). Thus, since Brown does not allege any reason why the plea agreement is not binding, we limit our analysis to the trial court's conclusion regarding the stop. In addition, the legality of the search is not before us because the trial court never ruled on this issue. See State v. Ortiz, 782 P.2d 959, 961 (Utah Ct. App. 1989) ("Without a record of a ruling below, we cannot review the trial court's alleged error."). Thus, we do not address the legality of the search.

The officer's request for Brown to come over and talk to him did not constitute a level two stop. See State v. Deitman, 739 P.2d 616, 617-18 (Utah 1987) (per curiam). Officer Gent merely called to Brown and asked him to talk. Brown then came over to Officer Gent of his own volition. Thus, the trial court

correctly ruled that the initial stop of Brown was a level one encounter.


James Z. Davis, Judge -----


Judith M. Billings, Judge

Gregory K. Orme, Judge