STATE v. MERILA

No. 971107-CA.

966 P.2d 270 (1998)

STATE of Utah, Plaintiff and Appellee, v. Mark Stephen MERILA, Defendant and Appellant.

Court of Appeals of Utah.

September 24, 1998.


Attorney(s) appearing for the Case

Linda M. Jones, Salt Lake Legal Defender Assoc., Salt Lake City, for Appellant.

Jan Graham, Atty. Gen. and Barnard N. Madsen, Ass't. Atty. Gen., Criminal Appeals Div., Salt Lake City, for Appellee.

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


OPINION

BENCH, Judge:

Defendant, Mark Stephen Merila, a Utah State Prison parolee, was convicted of absconding from parole supervision, a third degree felony, in violation of Utah Code Ann. § 76-8-309.5(2) (Supp.1998). We reverse.

BACKGROUND

In 1995, defendant obtained parole after serving part of his prison sentence. As a condition of parole, defendant agreed to establish a residence of record and not change his residence without...

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