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STATE v. MATISON

No. 930106-CA.

875 P.2d 584 (1994)

STATE of Utah, Plaintiff and Appellee, v. Gregory Morris MATISON, aka Gerald Morris, aka Morris Gregory Matison, Defendant and Appellant.

Court of Appeals of Utah.

May 19, 1994.

Attorney(s) appearing for the Case

D. Gilbert Athay, Salt Lake City, for appellant.

Jan Graham and Todd A. Utzinger, Salt Lake City, for appellee.

Before BENCH, BILLINGS and GREENWOOD, JJ.

OPINION

BENCH, Judge:

Defendant appeals his conviction for possession of a controlled substance, a third degree felony, in violation of Utah Code Ann. § 58-37-8(2) (Supp.1991). We vacate and remand.

FACTS

On January 14, 1992, Sevier County Deputy Sheriff Phil Barney was traveling on Interstate 70 near Salina, Utah, when he observed a vehicle fishtail while exiting the interstate. The vehicle had been on the interstate heading east...

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