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STATE v. FERRY

No. 20040537-CA.

163 P.3d 647 (2007)

2007 UT App 128

STATE of Utah, Plaintiff and Appellee, v. Scott David FERRY, Defendant and Appellant.

Court of Appeals of Utah.

April 19, 2007.

Attorney(s) appearing for the Case

Patrick V. Lindsay, Provo, and Margaret P. Lindsay, Orem, for Appellant.

Mark L. Shurtleff, atty. gen., and Kenneth A. Bronston, asst. atty. gen., Salt Lake City, for Appellee.

Before Judges BILLINGS, DAVIS, and MCHUGH.

OPINION

DAVIS, Judge:

¶ 1 Defendant Scott David Ferry appeals his convictions for unlawful possession of a controlled substance, a third degree felony, see Utah Code Ann. § 58-37-8(2)(a)(i) (2002), and unlawful possession of drug paraphernalia, a class B misdemeanor, see id. § 58-37a-5(1) (2002). We reverse and remand.

BACKGROUND

¶ 2 In the early morning hours of November 15, 2002, Deputy Kent Cameron of...

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