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STATE v. BOYLES

No. 20070767-CA.

204 P.3d 184 (2009)

2009 UT App 23

STATE of Utah, Plaintiff and Appellee, v. Evan Dewayne BOYLES, Defendant and Appellant.

Court of Appeals of Utah.

January 29, 2009.

Attorney(s) appearing for the Case

Dee W. Smith, Ogden, for Appellant.

Mark L. Shurtleff, atty. gen., and Ryan D. Tenney, asst. atty. gen., Salt Lake City, for Appellee.

Before THORNE, Associate P.J., ORME and McHUGH, JJ.

OPINION

THORNE, Associate Presiding Judge:

¶ 1 Evan Dewayne Boyles appeals from his criminal convictions on one felony and two misdemeanor drug-related counts, arguing that the district court impermissibly denied him his right to a jury trial. We reverse Boyles's convictions.

BACKGROUND

¶ 2 On May 5, 2006, Boyles was charged by information with possession of a controlled substance, a third degree felony, see Utah

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