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STATE v. LABRUM

No. 970099-CA.

959 P.2d 120 (1998)

STATE of Utah, Plaintiff and Appellee, v. Troy LABRUM, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied July 15, 1998.

Attorney(s) appearing for the Case

Robert K. Heineman and Kristine M. Rogers, Salt Lake City, for Appellant.

Jan Graham and Thomas B. Brunker, Salt Lake City, for Appellee.

Before DAVIS, P.J., and JACKSON and ORME, JJ.

OPINION

ORME, Judge:

Defendant Troy Labrum appeals the order that increased the minimum term of his sentence pursuant to Utah Code Ann. § 76-3-203.1 (1995), the so-called "gang enhancement" provision. We vacate the sentence enhancement.

FACTS

Labrum challenges his sentence enhancement for the second time. See State v. Labrum, 881 P.2d 900, 905-06 (Utah Ct.App. 1994) (Labrum I), vacated...

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