State v. Powasnik

OPINION

JACKSON, Judge:

Joseph P. Powasnik appeals his conviction for distribution of a controlled substance within 1000 feet of a public park, a first degree felony, in violation of Utah Code Ann. § 58-37-8(5)(a)(ix) (1996). The State concedes the trial court incorrectly treated the issue of the offense’s proximity to a public park as a sentencing question rather than an element of the offense to be decided by the jury. Accordingly, we reverse and remand.

BACKGROUND

After an investigation by the Tri-County Narcotics Task Force, officers arrested Po-wasnik. The State charged Powasnik with…