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STATE v. DRAPER

No. 20040879-CA.

128 P.3d 1220 (2006)

2006 UT App 6

STATE of Utah, Plaintiff and Appellee, v. Becky Lynne DRAPER, Defendant and Appellant.

Court of Appeals of Utah.

January 12, 2006.

Attorney(s) appearing for the Case

Shannon N. Romero and Joan C. Watt, Salt Lake Legal Defender Association, Salt Lake City, for Appellant.

Mark L. Shurtleff, Attorney General, and Laura B. Dupaix, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges BENCH, BILLINGS, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Becky Draper was charged with a single count of endangerment of a child, a third degree felony, see Utah Code Ann. § 76-5-112.5 (2003), after she allegedly exposed her infant to a controlled substance by breast-feeding after using marijuana. Draper appeals the trial court's denial of her motion to quash bindover on that charge. We reverse.

BACKGROUND

¶ 2 On January 9, 2004, police officers...

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