OPINION
BILLINGS, Judge:
¶ 1 Defendant Ralph Levin appeals his convictions for possession or use of marijuana with a prior conviction, a class A misdemeanor, see Utah Code Ann. § 58-37-8(2)(a)(i) (1998), and possession of drug paraphernalia, a class B misdemeanor, see id. § 58-37a-5(1) (1998). This is the second time this court has considered this case. See State v. Levin, 2004 UT App 396,
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