State v. Davis
Court of Appeals of Utah
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.
BACKGRO…
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