STATE v. HARRY

No. 20070025-CA.

189 P.3d 98 (2008)

2008 UT App 224

STATE of Utah, Plaintiff and Appellee, v. Russell David HARRY, Defendant and Appellant.

Court of Appeals of Utah.

June 12, 2008.


Attorney(s) appearing for the Case

Linda M. Jones and Brenda M. Viera, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., and Jeffrey S. Gray, asst. atty. gen., Salt Lake City, for Appellee.

Before Judges BENCH, BILLINGS, and McHUGH.


OPINION

McHUGH, Judge:

¶ 1 Defendant Russell David Harry appeals his conviction for possession or use of a controlled substance, a third degree felony, see Utah Code Ann. § 58-37-8(2)(a)(i) (Supp. 2005). Harry argues that the trial court erred when it delivered a modified Allen instruction to a deadlocked jury. We agree. Accordingly, we reverse his felony possession conviction and remand...

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