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State Utah v. Robert Hicken

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eBook details

  • Title: State Utah v. Robert Hicken
  • Author : Supreme Court Of Utah
  • Release Date : January 14, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

HOWE, Justice: The State appeals from an order granting the defendant's Motion to Dismiss an Information because it improperly charged him with distributing for value a controlled substance. On October 19, 1981, Judy Smith, an undercover agent for the Provo Police Department's detective division, met defendant at the home of another undercover agent. Defendant had been invited there to sell narcotics to Smith or arrange for her to buy them from someone else. When Smith arrived the defendant was making a telephone call to one Mr. Larsen to find out how much one quarter pound of marijuana would cost. He told Smith that she could get two lids for $95.00. She agreed to the purchase and defendant told Larsen that he would be right over. When defendant and Smith arrived at Larsen's home, Larsen asked defendant to drive him to a store before making the sale to him, but defendant informed him that it was Smith who wanted to buy. The transaction was concluded and Smith handed Larsen $100.00, receiving $5.00 in change. Smith turned in the evidence and defendant was subsequently charged with distribution of marijuana for value in contravention of U.C.A. 1953, 58-37-8(1)(a)(ii).


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