(Download) "State Utah v. Wallace Davis" by Court of Appeals of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: State Utah v. Wallace Davis
- Author : Court of Appeals of Utah
- Release Date : January 21, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
DAVIS, Associate Presiding Judge: Defendant Wallace Davis pursues this interlocutory appeal from the trial court's denial of his motion to dismiss the charge of unlawful possession of a controlled substance, a third degree felony, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (1994). The premise of defendant's interlocutory appeal is that he was previously subjected to a trial regarding the forfeiture of his vehicle, the basis of which was the same offense alleged in the criminal information. Therefore, if defendant were compelled to stand trial on the criminal charges, it would amount to a second punishment, which is prohibited by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and Article I, section 12 of the Utah Constitution. We reverse.
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