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STATE v. PENN

No. 20030638-CA.

94 P.3d 308 (2004)

2004 UT App 212

STATE of Utah, Plaintiff and Appellee, v. Nathaniel F. PENN, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied July 20, 2004.

Attorney(s) appearing for the Case

Ann Marie Taliaferro and James C. Bradshaw, Brown Bradshaw Anderson & Moffat, Salt Lake City, for Appellant.

Mark L. Shurtleff, Attorney General and Marian Decker, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges BENCH, GREENWOOD, and ORME.

OPINION

GREENWOOD, Judge:

¶ 1 Defendant, Dr. Nathaniel Penn, appeals his conviction of three enhanced second degree felony counts of Unlawful Possession of a Controlled Substance in a Drug-Free Zone, in violation of Utah Code Annotated sections 58-37-8(2)(a)(i) (Supp.2003) and 58-37-8(4)(a) (Supp.2003).1 Penn argues that this court should reverse and remand for a new trial because (1) evidence obtained as a result of an...

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