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STATE v. POWASNIK

No. 960116-CA.

918 P.2d 146 (1996)

STATE of Utah, Plaintiff and Appellee, v. Joseph P. POWASNIK, Defendant and Appellant.

Court of Appeals of Utah.

May 31, 1996.

Attorney(s) appearing for the Case

Blaine Perry McBride, Salt Lake City, for Appellant.

Jan Graham, Attorney General, and James H. Beadles, Assistant Attorney General, Criminal Appeals Division, Salt Lake City, for Appellee.

Before DAVIS, GREENWOOD and JACKSON, JJ.

OPINION

JACKSON, Judge:

Joseph P. Powasnik appeals his conviction for distribution of a controlled substance within 1000 feet of a public park, a first degree felony, in violation of Utah Code Ann. § 58-37-8(5)(a)(ix) (1996). The State concedes the trial court incorrectly treated the issue of the offense's proximity to a public park as a sentencing question rather than an element of the offense to be decided by the jury. Accordingly, we reverse and...

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