State v. Robinson

OPINION

JACKSON, Judge:

Defendants Kim Alexander P. Robinson and Francis Xavier Towers appeal their third-degree felony convictions of unlawful possession of a controlled substance, in violation of Utah Code Ann. § 58-37-8 (1990), and possession of a controlled substance without tax stamps affixed, in violation of Utah Code Ann. § 59-19-106 (Supp.1990). On appeal, they challenge the trial court’s denial of their motion to suppress and they assert that the Illegal Drug Tax Stamp Act, sections 59-19-101 to -107, violates several provisions of the United States Constitution. We reverse.

FACTS

In…