# State v. Shondel

> Utah Supreme Court · April 10, 1969 · 22 Utah 2d 343

URL: https://www.frixlaw.com/law-library/cases/9568692

## Case

- **Full name:** The STATE of Utah, Plaintiff and Respondent, v. Herbert Lee SHONDEL, Defendant and Appellant
- **Court:** Utah Supreme Court
- **Decided:** April 10, 1969
- **Citations:** 22 Utah 2d 343; 453 P.2d 146; 1969 Utah LEXIS 615
- **Precedential status:** Published
- **Opinion:** Dissent by Ellett
- **Judges:** Crockett, Henriod, Callister, Tuckett
- **Cited by:** 64 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9568692

## How later opinions describe it (automated extraction)

- holding when two statutes proscribe same criminal conduct, lesser of two punishments should be imposed

## Opinion text

’ELLETT, Justice
(dissenting).
I dissent. The statutes are too clear for me to see any conflict whatever between them. Title 58, Chapter 33, U.C.A.1953, is known as the Drug Abuse Control Law. It in substance-'provides that initial violations of its provisions amount to an indictable misdemeanor,' and ;it sets forth the punishment therefor -in. Sec. 58-33-4. However, it further provides bySec. 58-33-6(gJ, that if a violation of one of its provisions is also a violation, of the Uniform Narcotic Drug Act- (Title 58, Chapter 13a), then the punishment will be under the latter (a- felony) and not under the former (an indictable misdemeanor).
The same legislature which passed the Drug Abuse Control.Act also amended the Uniform Narcotic .Drug Act so as to include a prohibition .against the possession and so forth of LSD-25 1
It, therefore, seems obvious to me that all the world must know and understand what the punishment for'unlawful'possession of-LSD is. I would affirm the judgment and sentence of the trial court.
. The figure 25 indicates simply the date of discovery of the drug and does not . purport' .to indicate any different form of drug other than LSD.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9568692. Public record. Not legal advice.