State v. Strader

ORME, Presiding Judge:

Defendant Roger L. Strader pled guilty to possession of a controlled substance, a violation of Utah Code Ann. § 58-37-8(2)(a)(i) (1994), but retained his right to appeal the trial court’s denial of his motion to dismiss. See State v. Sery, 758 P.2d 935, 939 (Utah App.1988). Strader claims on appeal that his prior prosecution on a different charge arising from’ the same criminal episode precludes his prosecution for possession of a controlled substance. We affirm.

FACTS

The facts of this case are undisputed. On the night of July 21, 1992, Officer Jerry Randall of the West…