State v. Utter

I. NATURE OF CASE

Bennie L. Utter was convicted by a jury in the district court for Douglas County of two counts of possession of a controlled substance with intent to deliver and one count of failure to affix a tax stamp. Utter appeals his convictions on the basis that the evidence introduced at trial was insufficient to establish that he had an intent to deliver or that he was a “dealer” subject to the marijuana and controlled substances tax statutes. We affirm Utter’s convictions for possession with intent to deliver but, due to insufficient evidence, reverse his conviction and sentence for…