STATE v. SALAS

No. 900418-CA.

820 P.2d 1386 (1991)

STATE of Utah, Plaintiff and Appellee, v. Miguel Enrique SALAS, Defendant and Appellant.

Court of Appeals of Utah.

November 4, 1991.


Attorney(s) appearing for the Case

Candice A. Johnson and Joan C. Watt, Salt Lake City, for defendant and appellant.

R. Paul Van Dam and Judith S.H. Atherton, Salt Lake City, for plaintiff and appellee.

Before BENCH, BILLINGS and ORME, JJ.


BENCH, Presiding Judge:

Defendant Miguel Enrique Salas appeals his jury conviction of possession of a controlled substance, a third degree felony, in violation of Utah Code Ann. § 58-37-8 (1990). We reverse.

FACTS

On the morning of March 2, 1990, Deputy William F. McCarthy of Metro Narcotics received a tip from an informant that defendant would be in possession of cocaine during his lunch hour. At approximately 11:00 a.m., McCarthy ran a check...

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