Legal Opinion

State v. Davis

Court of Appeals of Utah

Decided January 19, 2007No. 20050952-CAPublishedCited by 20 opinions

1Opinion of the Court

OPINION

MeHUGH, Judge:

11 Defendant Gary Christian Davis appeals from the enhancement of his convie-tions of possession of a controlled substance, see Utah Code Aun. § 58-37-8(2)(a)G), (4)(a) (Supp.2006), and possession of drug paraphernalia, see id. § 58-87a-5 (2002). Davis also appeals from his conviction of possession of a dangerous weapon by a restricted person. See id. § 76-10-508(2)(a) (2008). Because we hold that the trial court gave an erroneous jury instruction and also abused its discretion by allowing a witness to render a legal conclusion, we vacate and remand for a new trial.

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2Cases cited29 opinions

  1. State v. DunnUtah Supreme Court · 1993
  2. Specht v. JensenCourt of Appeals for the Tenth Circuit · 1988
  3. David Owen v. Kerr-Mcgee Corporation and the Home Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1983
  4. State v. BankstonSupreme Court of New Jersey · 1973
  5. State v. LarsenUtah Supreme Court · 1993

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3Cited by20 opinions

  1. State v. JohnsonCourt of Appeals of Utah · 2009
  2. State v. Cardona-GuetonCourt of Appeals of Utah · 2012
  3. State v. ChapmanCourt of Appeals of Utah · 2014
  4. State v. O'BANNONCourt of Appeals of Utah · 2012
  5. State v. BowdreyCourt of Appeals of Utah · 2024

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