innocent possession defense in Utah

2023Sanders argued that the State’s 16 Cite as: 2023 UT 4 Opinion of the Court proffered statutory construction—which did not leave room for an innocent possession defense—was absurd because there were circumstances where the application of that construction could yield an absurd result.

2019Rather, Davis is typically cited for the proposition that a defendant's intent or state of mind can be proven by inferences based on his conduct and the surrounding circumstances. 10 See, e.g. , State v. Garcia-Mejia , 2017 UT App 129 , ¶ 30, 402 P.3d 82 . ¶ 40 Moreover, Davis did not rely on any "precursors in Utah law," see Eldridge, 2015 UT 21 , ¶ 34, 345 P.3d 553 , with respect to an innocent possession defense, see Davis , 711 P.2d at 233 -34 .

2019Rather, Davis is typically cited for the proposition that a defendant's intent or state of mind can be proven by inferences based on his conduct and the surrounding circumstances. 10 See, e.g. , State v. Garcia-Mejia , 2017 UT App 129 , ¶ 30, 402 P.3d 82 . ¶ 40 Moreover, Davis did not rely on any "precursors in Utah law," see Eldridge, 2015 UT 21 , ¶ 34, 345 P.3d 553 , with respect to an innocent possession defense, see Davis , 711 P.2d at 233 -34 .

2019Rather, Davis is typically cited for the proposition that a defendant's intent or state of mind can be proven by inferences based on his conduct and the surrounding circumstances. 10 See, e.g. , State v. Garcia-Mejia , 2017 UT App 129 , ¶ 30, 402 P.3d 82 . ¶ 40 Moreover, Davis did not rely on any "precursors in Utah law," see Eldridge, 2015 UT 21 , ¶ 34, 345 P.3d 553 , with respect to an innocent possession defense, see Davis , 711 P.2d at 233 -34 .

2019Rather, Davis is typically cited for the proposition that a defendant's intent or state of mind can be proven by inferences based on his conduct and the surrounding circumstances. 10 See, e.g. , State v. Garcia-Mejia , 2017 UT App 129 , ¶ 30, 402 P.3d 82 . ¶ 40 Moreover, Davis did not rely on any "precursors in Utah law," see Eldridge, 2015 UT 21 , ¶ 34, 345 P.3d 553 , with respect to an innocent possession defense, see Davis , 711 P.2d at 233 -34 .

2019"But if the claims are found on appeal to not constitute error, or the errors are found to be so minor as to result in no harm, the doctrine will not be applied." State v. Maestas , 2012 UT 46 , ¶ 363, 299 P.3d 892 (quotation simplified). ¶45 We agree with Defendant that one error occurred at trial-the court should have provided the innocent-possession defense jury instruction on her drug possession charge, and thus we reverse that conviction.

2019"But if the claims are found on appeal to not constitute error, or the errors are found to be so minor as to result in no harm, the doctrine will not be applied." State v. Maestas , 2012 UT 46 , ¶ 363, 299 P.3d 892 (quotation simplified). ¶45 We agree with Defendant that one error occurred at trial-the court should have provided the innocent-possession defense jury instruction on her drug possession charge, and thus we reverse that conviction.

2019Id. ; see also Mason , 233 F.3d at 624 . ¶23 Defendant testified that she acquired the drugs not for her use, but with the purpose of preventing Boyfriend's use.

2019And the State has shouldered its burden of demonstrating that the portion of Davis that could be read to speak to the innocent possession defense should be overturned. ¶ 36 "Because stare decisis is so important to the predictability and fairness of a common law system, we do not overrule our precedents 'lightly.' " Eldridge , 2015 UT 21 , ¶ 21, 345 P.3d 553 (citation omitted).

2019And the State has shouldered its burden of demonstrating that the portion of Davis that could be read to speak to the innocent possession defense should be overturned. ¶ 36 "Because stare decisis is so important to the predictability and fairness of a common law system, we do not overrule our precedents 'lightly.' " Eldridge , 2015 UT 21 , ¶ 21, 345 P.3d 553 (citation omitted).