State v. Hunt

STEWART, Associate Chief Justice:

Defendant James Ivan Hunt brings this interlocutory appeal challenging a district court order denying his motion to dismiss two of three counts charged against him. Hunt was charged in an information with three counts of distributing marijuana, on June 30, July 1, and August 11, 1993, in violation of Utah Code Ann. § 58-37-8(l)(a)(ii), a third degree felony. 1 Nevertheless, because there were multiple counts in the information, the prosecutor presumed that counts II and III were subject to the enhanced penalty provision of § 58-37-8(l)(b) pertaining to…