STATE v. GRATE

No. 970083-CA.

947 P.2d 1161 (1997)

STATE of Utah, Plaintiff and Appellee, v. Scott L. GRATE, Defendant and Appellant.

Court of Appeals of Utah.

October 30, 1997.


Attorney(s) appearing for the Case

Margaret P. Lindsay, Provo, for Defendant and Appellant.

Jan Graham and James H. Beadles, Salt Lake City, for Plaintiff and Appellee.

Before DAVIS, P.J., and BILLINGS and GREENWOOD, JJ.


GREENWOOD, Judge:

Appellant, Scott L. Grate (Grate), appeals the denial of his 1996 Motion to Correct an Illegal Sentence, claiming that the trial court lacked jurisdiction to revoke his probation under Utah Code Ann. § 77-18-1(8)(a) (Supp.1988). We reverse.

BACKGROUND

The pertinent facts in this case are undisputed. On December 19, 1986, Grate pleaded guilty to one charge of theft, a second degree felony. On January 16, 1987, Grate received...

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