State v. Campbell, 295 P.3d 722

Defendant Campbell was found in possession of heroin residue on a cotton ball in a contact lens case.
State charged Campbell with possession of a controlled substance under Utah Code § 58-37-8(2)(a).
Trial evidence showed heroin residue was less than 100 milligrams and labeled as residue by the crime lab.
The trial court denied Campbell's request to instruct on the lesser included offense of possession of drug paraphernalia, § 58-87a-5(1).
Convicted of a third-degree felony possession of a controlled substance; Campbell appealed asserting error in not instructing on the lesser offense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether drug paraphernalia is a lesser included offense of possession of a controlled substance	Campbell argues overlap supports inclusion	State contends no overlap; not included	Not included; no overlap in elements
Whether the trial court properly applied the two-pronged Baker/ Williams framework	State’s standard applied	Campbell argues Williams shows non-overlap; Baker requires overlap	Overruled: court correctly applied two-pronged test and found no overlap
Whether the presence of residue on paraphernalia affects inclusion analysis	Residue suggests overlap	Residue is merely a factor, not element overlap	Residue is not dispositive; elements do not overlap; paraphernalia not included

State v. Baker, 671 P.2d 152 (Utah 1983) (overlap in statutory elements required for included offense)
State v. Williams, 175 P.3d 1029 (Utah 2007) (two offenses do not fully overlap; Shondel doctrine may not apply)
State v. Spillers, 152 P.3d 315 (Utah 2007) (liberal construction for lesser included offense instructions)
State v. Kruger, 6 P.3d 1116 (Utah 2000) (evidence-based standard for lesser included offenses)
State v. Hansen, 734 P.2d 421 (Utah 1986) (cited for standard on inclusion and overlap concepts)
State v. Crick, 675 P.2d 527 (Utah 1983) (overlap and elements analysis guidance)
State v. Williams (Shondel discussion), 453 P.2d 146 (Utah 1969) (Shondel doctrine foundational concept for equal protection of charges)