STATE v. GARCIA

No. 20060328-CA.

164 P.3d 1264 (2007)

2007 UT App 228

STATE of Utah, Plaintiff and Appellant, v. John Angelo GARCIA, Defendant and Appellee.

Court of Appeals of Utah.

June 28, 2007.


Attorney(s) appearing for the Case

Mark L. Shurtleff, atty. gen., and Brett J. DelPorto, asst. atty. gen., Salt Lake City, for Appellant.

Linda M. Jones and Steven G. Shapiro, Salt Lake City, for Appellee.

Before BENCH, P.J., BILLINGS and ORME, JJ.


OPINION

BILLINGS, Judge:

¶ 1 Defendant John Angelo Garcia and his brother, Jeremiah Andrew Garcia (Brother), were charged by information with two counts of unlawful possession of a controlled substance with intent to distribute within 1000 feet of a school, a second degree felony, see Utah Code Ann. § 58-37-8(1)(a)(iii), (4)(a)(ix) (Supp.2006); one count of endangerment of a child, a third degree felony, see id. § 76-5-112.5...

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