STATE v. MONTOYA

No. 920441-CA.

858 P.2d 1027 (1993)

STATE of Utah, Plaintiff and Appellee, v. Eugene MONTOYA, Defendant and Appellant.

Court of Appeals of Utah.

August 12, 1993.


Attorney(s) appearing for the Case

Ronald S. Fujino (argued), Elizabeth A. Bowman, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

Jan Graham, State Atty. Gen., Kenneth A. Bronston (argued), Asst. Atty. Gen., Governmental Affairs, Salt Lake City, for plaintiff and appellee.

Before BENCH, GREENWOOD and RUSSON, JJ.


BENCH, Judge:

Defendant entered a conditional plea of no contest, purportedly preserving his right to appeal the denial of his motion to dismiss based on alleged inadequacies in the information that charged him with incest. We vacate the trial court's acceptance of defendant's plea and remand for further proceedings.

FACTS

Defendant, age 53, allegedly took his daughter, Nanette, age 35, to two different motels where he "beat her, and forced her to...

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