State v. Hester

*727OPINION

ORME, Judge:

{1 Appellant, the State of Utah, appeals from a magistrate's order dismissing a charge of arranging to distribute a controlled or counterfeit substance,1 a second degree felony, in violation of Utah Code Ann. § 58-37-8(1)(a)(i) (Supp.1999). We affirm.

BACKGROUND

T2 On August 19, 1998, Detective Ann Cardon, an undercover agent with the Metro Narcotics Task Force, was in an unmarked car on 100 South and 900 West in Salt Lake City when she made contact with defendant Tracy Raymon Hester. Cardon pulled up to the curb where Hester was standing and said something to Hester, who…