State v. Miller

DURRANT, Associate Chief Justice:

INTRODUCTION

T1 Following a jury trial, Curtis Miller ("Miller") was convicted of two counts of felony possession of a controlled substance in violation of Utah Code section 58-37-8(2)(a)() (the "possession statute"). Miller seeks to have his conviction reversed and his case remanded for a new trial. He claims that the trial court erred in failing to instruct the jury on his proposed defense of innocent possession. For the reasons detailed below, we remand for a new trial in which Miller will be entitled to an instruction on the defense of innocent possession.

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