State v. Wacek

Defendant was convicted of the crime of possession of a dangerous weapon by a restricted person in violation of U.C.A., 1953, § 76-10-503(1). On appeal, he seeks reversal of his conviction on the ground that the statute is unconstitutional.

The case was submitted to the trial court on stipulated facts. On July 3, 1984, police officers in Utah County stopped a vehicle they suspected was being driven by a person under the influence of alcohol. Defendant, sitting in the right front seat of the vehicle, was also believed to be in an intoxicated condition. When an officer approached and asked…