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STATE v. DESPAIN

No. 20010761-CA.

74 P.3d 1176 (2003)

2003 UT App 266

STATE of Utah, Plaintiff and Appellee, v. Matthew L. DESPAIN, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied August 21, 2003.

Attorney(s) appearing for the Case

G. Fred Metos, McCaughey & Metos, Salt Lake City, for Appellant.

Mark L. Shurtleff, Attorney General, Jeffrey T. Colemere, Smart Schofield Shorter & Lunceford, and Kirk M. Torgensen, Attorney Generals Office, Salt Lake City, for Appellee.

Before Judges DAVIS, GREENWOOD, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Defendant Matthew Despain appeals from his conditional guilty plea to operating a clandestine drug laboratory, a second degree felony, in violation of Utah Code Annotated Section 58-37d-4 (Supp.2001). We affirm.

BACKGROUND

¶ 2 On November 6, 1999, Despain, his wife, and their young son were traveling southbound on SR 40, near Heber, Utah. At about midnight, near the intersection of SR 40 and SR 189,...

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