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STATE v. EARL

No. 20020821-CA.

92 P.3d 167 (2004)

2004 UT App 163

STATE of Utah, Plaintiff and Appellee, v. Joshua EARL, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied July 27, 2004.

Attorney(s) appearing for the Case

Catherine E. Lilly, Lori J. Seppi, and Ralph W. Dellapiana, Salt Lake Legal Defender Association, Salt Lake City, for Appellant.

Mark L. Shurtleff, Attorney General, Jeffrey S. Gray, and Colleen K. Coebergh, Assistant Attorneys General, Salt Lake City, for Appellee.

Before BILLINGS, P.J., and BENCH, Associate P.J., and THORNE, J.

OPINION

THORNE, Judge:

¶ 1 Defendant Joshua Earl appeals from his conviction of one count of possession of clandestine laboratory precursors and/or equipment, a second degree felony, in violation of Utah Code Annotated section 58-37d-4(1) (1998).

BACKGROUND1

¶ 2 On November 4, 2001, Earl was sitting in the rented home of his stepbrother, Jeremy Allen. Allen's tenancy in the home began in May 2001,...

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