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STATE v. HESTER

No. 981857-CA.

3 P.3d 725 (2000)

2000 Utah Ct. App 159

STATE of Utah, Plaintiff and Appellant, v. Tracy Raymon HESTER, Defendant and Appellee.

Court of Appeals of Utah.

June 2, 2000.

Attorney(s) appearing for the Case

Jan Graham, Atty. Gen. and Marian Decker, Asst. Atty. Gen., Salt Lake City, for Appellant.

Linda M. Jones, Salt Lake Legal Defender Assoc., Salt Lake City, for Appellee.

Before Judges BENCH, DAVIS, and ORME.

OPINION

ORME, Judge:

¶ 1 Appellant, the State of Utah, appeals from a magistrate's order dismissing a charge of arranging to distribute a controlled or counterfeit substance,1 a second degree felony, in violation of Utah Code Ann. § 58-37-8(1)(a)(ii) (Supp.1999). We affirm.

BACKGROUND

¶ 2 On August 19, 1998, Detective Ann Cardon, an undercover agent with...

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