STATE v. WILLIAMS

No. 20060517.

175 P.3d 1029 (2007)

STATE of Utah, Plaintiff and Petitioner, v. Brandon WILLIAMS, Defendant and Respondent.

Supreme Court of Utah.

December 21, 2007.


Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Karen A. Klucznik, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Margaret P. Lindsay, Orem, for defendant.


NEHRING, Justice:

¶ 1 May a person who possesses a controlled substance free of any packaging or other form of drug paraphernalia be in peril of conviction of a felony, while another person who possesses the same controlled substance, but who, by design or happenstance, stored the drug in a plastic bag may potentially be convicted of only a misdemeanor? Both the district court and the court of appeals concluded that the constitutional guarantees of equal protection...

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