STATE v. HALVERSON

No. 860249-CA.

754 P.2d 1228 (1988)

STATE of Utah, Plaintiff and Respondent, v. Lane B. HALVERSON, Defendant. Appeal of D. Gilbert ATHAY.

Court of Appeals of Utah.

May 20, 1988.


Attorney(s) appearing for the Case

Bradley P. Rich, Yengich, Rich, Xaiz & Metos, Salt Lake City, for appellant, D. Gilbert Athay.

David L. Wilkinson, Atty. Gen., Sandra L. Sjogren, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

Before BENCH, GARFF and GREENWOOD, JJ.


OPINION

GREENWOOD, Judge:

Appellant D. Gilbert Athay (Athay) appeals the trial court's entry of an order holding him in contempt. We reverse and remand.

Athay contends that he was improperly convicted of direct contempt, under summary procedures of Utah Code Ann. § 78-32-3 (1987), for failure to appear at a trial where he was counsel. He argues that his actions were not in the view of the court and hence he is entitled to a hearing on why he...

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