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STATE v. WILLARD

No. 890693-CA.

801 P.2d 189 (1990)

STATE of Utah, Plaintiff and Appellant, v. Todd L. WILLARD, Defendant and Appellee.

Court of Appeals of Utah.

November 14, 1990.

Attorney(s) appearing for the Case

R. Paul Van Dam, Atty. Gen., Sandra L. Sjogren, Asst. Atty. Gen., Salt Lake City, for plaintiff and appellant.

Robert Van Sciver, Salt Lake City, for defendant and appellee.

Before BENCH, GARFF and JACKSON, JJ.

OPINION

JACKSON, Judge:

The State appeals from a November 1, 1989, order of "dismissal with prejudice" entered at the close of appellee Todd Willard's bench trial for possession of a controlled substance with intent to distribute. Because we conclude that the trial court's action constituted an acquittal, which is not appealable by the State, we dismiss the appeal.

Deputies from the Sevier County Sheriff's Office set up a roadblock on March 10, 1988...

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