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STATE v. BYRD

No. 950399-CA.

937 P.2d 532 (1997)

STATE of Utah, Plaintiff and Appellee, v. Ronnie C. BYRD, Defendant and Appellant.

Court of Appeals of Utah.

April 24, 1997.

Attorney(s) appearing for the Case

Judith A. Jensen and Linda M. Jones, Salt Lake City, for Defendant and Appellant.

Jan Graham and Thomas B. Brunker, Salt Lake City, for Plaintiff and Appellee.

Before BENCH, BILLINGS and GREENWOOD, JJ.

OPINION

BENCH, Judge:

Defendant Ronnie Byrd was convicted of two counts of unlawful possession of a controlled substance, a third-degree felony, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (Supp.1996). He appeals the trial court's order denying his motion for a new trial. We reverse.

FACTS

On October 12, 1993, Officer Thomas Grant was conducting surveillance of Pioneer Park for drug-related activity. The officer had been watching...

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