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STATE v. DAVIS

No. 940574-CA.

903 P.2d 940 (1995)

STATE of Utah, Plaintiff and Appellee, v. Wallace DAVIS, Defendant and Appellant.

Court of Appeals of Utah.

September 21, 1995.

Attorney(s) appearing for the Case

G. Fred Metos (Argued), Salt Lake City, for Appellant.

Todd A. Utzinger (Argued), Assistant Attorney General, Jan Graham, State Attorney General, Salt Lake City, for Appellee.

Before DAVIS, Associate P.J., ORME, P.J., and BENCH, J.

DAVIS, Associate Presiding Judge:

Defendant Wallace Davis pursues this interlocutory appeal from the trial court's denial of his motion to dismiss the charge of unlawful possession of a controlled substance, a third degree felony, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (1994). The premise of defendant's interlocutory appeal is that he was previously subjected to a trial regarding the forfeiture of his vehicle, the basis of which was the same offense...

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