State of Utah v. South, Case No. This opinion is subject to revision before publication in the Pacific Reporter. Before Judges Davis, Bench, and Greenwood. However, the trial court upheld the search on other grounds.
Defendants challenge the trial court's imposition of an enhanced sentence.
We affirm the convictions, but reverse and remand in regard to the sentence enhancements. This case is before us on remand from the Utah Supreme Court. Initially, Detective Simonson visited defendants' personal residence to investigate the reported theft of a cellular phone. Upon arrival, Detective Simonson smelled a heavy odor of burnt marijuana emanating from defendants' home and from Jeffery South's clothing. The search warrant specifically referenced a supporting affidavit that explicitly referenced a search of defendants' personal residence.