STATE v. MONTOYA

No. 930508.

887 P.2d 857 (1994)

STATE of Utah, Plaintiff and Respondent, v. Eugene MONTOYA, Defendant and Petitioner.

Supreme Court of Utah.

December 15, 1994.


Attorney(s) appearing for the Case

Jan Graham, Atty. Gen., Kenneth A. Bronston, J. Kevin Murphy, Asst. Attys. Gen., Salt Lake City, for plaintiff.

Elizabeth A. Bowman, Ronald S. Fujino, Robert K. Heineman, Salt Lake City, for defendant.


ON CERTIORARI TO THE UTAH COURT OF APPEALS

ZIMMERMAN, Chief Justice:

Eugene Montoya seeks review of a court of appeals decision vacating his conditional plea of no contest to a charge of incest. Montoya's plea was expressly conditioned upon the preservation of his right to appeal "the narrow legal question of whether the State correctly charged [him] and recited the elements of Incest in the Amended Information." The court of appeals concluded that the trial...

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