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STATE v. POWELL

No. 960338.

957 P.2d 595 (1998)

STATE of Utah, Plaintiff and Appellee, v. Frank Gene POWELL, Defendant and Appellant.

Supreme Court of Utah.

April 24, 1998.

Attorney(s) appearing for the Case

Jan Graham, Attorney General, Thomas Brunker, Assistant Attorney General, Salt Lake City, and Carlyle K. Bryson, Provo, for appellee.

Nathan D. Hult, Logan, for appellant.

HOWE, Chief Justice.

Defendant Frank Powell appeals from the trial court's denial of his motion to correct the sentence imposed upon him following his conviction for second degree murder after he withdrew his guilty plea to manslaughter. He contends that the trial court's refusal violates Utah Code Ann. § 76-3-405 (1995), which prohibits the imposition of a more severe sentence following the setting aside of a conviction or sentence on appeal.

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