STATE v. GOMEZ

No. 940023.

887 P.2d 853 (1994)

STATE of Utah, Plaintiff and Appellee, v. Louis GOMEZ, Defendant and Appellant.

Supreme Court of Utah.

December 13, 1994.


Attorney(s) appearing for the Case

Jan Graham, Atty. Gen., Joanne C. Slotnik, Asst. Atty. Gen., Salt Lake City, for plaintiff.

Jack C. Helgesen, Michael V. Houtz, Ogden, for defendant.


STEWART, Associate Chief Justice:

Defendant Louis Gomez was convicted of rape, a first degree felony, in violation of Utah Code Ann. § 76-5-402, and appeals the prison sentence imposed by the district court pursuant to his conviction. Defendant contends that his rights to due process and effective assistance of counsel were violated by an ex parte communication between the sentencing court and the probation officer who prepared the presentence investigation report...

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