State v. Fox

STEWART, Justice:

Defendants Gary and Clive Fox were convicted of possession with intent to dis*318tribute and production of a controlled substance in violation of U.C.A., 1953, § 58-37-8(l)(a)(i) and § 58 — 37—8(l)(a)(ii). On appeal, both defendants argue that the evidence is insufficient to sustain the charges. We affirm the conviction of Gary Fox and reverse the conviction of Clive Fox.

In June 1983, the Weber County Sheriffs Office received an anonymous letter stating that 7-foot marijuana plants growing at 249 Harris Street in Ogden were soon to be harvested. The residence belonged to Gary…