Rammell v. Smith

CROCKETT, Justice:

In a habeas corpus proceeding Elma Arlene Rammell challenges a sentence of a term not to exceed five years in the state prison for conviction of a felony under Sec. 58-37-8(4)(a)(ii), U.C.A.1953, of the “Utah Controlled Substances Act,” which provides:

It shall be unlawful for any person . to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge. 1

Her contention is that she was entitled to be sentenced only for a misdemeanor under Sec. 58-17-14.13, U.C.A.1953, of the “Pharmacists Act” which provides:

No person…