State v. Draper

OPINION

THORNE, Judge:

1 1 Becky Draper was charged with a single count of endangerment of a child, a third degree felony, see Utah Code Ann. § 76-5-112.5 (2008), after she allegedly exposed her infant to a controlled substance by breastfeeding after using marijuana. Draper appeals the trial court's denial of her motion to quash bindover on that charge. We reverse.

BACKGROUND

T2 On January 9, 2004, police officers executed a search warrant at Draper's residence. Draper was present when the offi*1221cers arrived and spoke with them at the scene. Draper informed the police that her husband had been…