STATE v. HAM

No. 950062-CA.

910 P.2d 433 (1996)

STATE of Utah, Plaintiff and Appellee, v. Gordon Ray HAM, Defendant and Appellant.

Court of Appeals of Utah.

January 11, 1996.


Attorney(s) appearing for the Case

Solomon J. Chacon and Gary L. Bell (argued), Salt Lake City, for Appellant.

Thomas B. Brunker, Asst. Atty. Gen., and Jan Graham, Atty. Gen., Crim. Appeals Div., Salt Lake City, for Appellee.

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


OPINION

DAVIS, Associate Presiding Judge:

Defendant Gordon Ray Ham appeals his conviction of possession of a controlled substance with the intent to distribute, a second degree felony, in violation of Utah Code Ann. § 58-37-8(1)(a)(iv) (Supp.1995). We reverse.

I. FACTS

On the day in question, defendant was on probation because of a felony conviction related to sexual misconduct. As a condition...

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