State v. Penn

OPINION

GREENWOOD, Judge:

¶ 1 Defendant, Dr. Nathaniel Penn, appeals his conviction of three enhanced second degree felony counts of Unlawful Possession of a Controlled Substance in a Drug-Free Zone, in violation of Utah Code Annotated sections 58 — 37—8(2)(a)(i) (Supp.2003) and 58-37-8(4)(a) (Supp.2003). 1 Penn argues that this court should reverse and remand for a new trial because (1) evidence obtained as a result of an invalid anticipatory warrant should have been excluded; (2) one of the jury instructions was plainly erroneous and denied Penn his right to a fair trial; (3) the State failed…