State v. Smith

Opinion

DAVIS, Judge:

T 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. § 58-87-8(@)(a)(i) (LexisNexis 2012), following a guilty plea. We reverse and remand.

BACKGROUND

1 2 On or about July 20, 2010, Adult Probation and Parole agents found crystal methamphetamine in Smith's bedroom. Smith and his wife (Wife) both admitted to having smoked methamphetamine that morning and both tested positive for methamphetamine. Subsequently, the Division of Child and Family Services (DCFS)…