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STATE v. SMITH

No. 20110319-CA.

306 P.3d 810 (2013)

2013 UT App 52

STATE of Utah, Plaintiff and Appellee, v. Shawn Michael SMITH, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied May 28, 2013.

Attorney(s) appearing for the Case

Herschel Bullen , Attorney for Appellant.

John E. Swallow and Jeanne B. Inouye , Attorneys for Appellee.

Judge JAMES Z. DAVIS authored this Memorandum Decision, in which Judges CAROLYN B. MCHUGH and MICHELE M. CHRISTIANSEN concurred.

Opinion

DAVIS, Judge:

¶ 1 Shawn Michael Smith appeals from his conviction and sentence for second degree felony possession or use of a controlled substance in a drug-free zone, see Utah Code Ann. § 58-37-8(2)(a)(i) (LexisNexis 2012), following a guilty plea. We reverse and remand.

BACKGROUND

¶ 2 On or about July 20, 2010, Adult Probation and Parole agents found crystal methamphetamine in Smith's bedroom. Smith and...

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