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STATE v. SORENSON

No. 870150-CA.

758 P.2d 466 (1988)

STATE of Utah, Plaintiff and Respondent, v. Randy J. SORENSON, Defendant and Appellant.

Court of Appeals of Utah.

July 27, 1988.

Attorney(s) appearing for the Case

G. Michael Westfall (argued), Gallian & Westfall, St. George, for defendant and appellant.

Paul Graf Washington Co. Atty., W. Brent Langston (argued), Deputy Co. Atty., St. George, for plaintiff and respondent.

Before ORME, BENCH and DAVIDSON, JJ.

OPINION

ORME, Judge:

Sorenson appeals his conviction, following a bench trial, of "possession" of an alcoholic beverage by a minor, a Class B misdemeanor, in violation of Utah Code Ann. § 32A-12-13(1) (1986). He seeks a reversal of his conviction. We reverse and remand with instructions to discharge the defendant.

FACTS

On January 18, 1987, Randy Sorenson was stopped for speeding in St. George, Utah. As the officer approached Sorenson...

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