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STATE v. MAGUIRE

No. 960493.

957 P.2d 598 (1998)

STATE of Utah, Plaintiff and Petitioner, v. Brian MAGUIRE, Defendant and Respondent.

Supreme Court of Utah.

April 24, 1998.

Attorney(s) appearing for the Case

Jan Graham, Attorney General, Thomas Brunker, Assistant Attorney General, James M. Cope, Salt Lake County Deputy Attorney, Salt Lake City, for plaintiff.

Brian Maguire, Draper, pro se.

Robert K. Heineman, for amicus Salt Lake Legal Defender Association, Salt Lake City.

On Certiorari to the Utah Court of Appeals

HOWE, Chief Justice:

The court of appeals reversed a district court order denying defendant Brian Maguire's motion to correct his sentence. We then granted the State's petition for a writ of certiorari to review the court of appeals' decision that Utah Code Ann. § 76-3-405 (1995) precluded the district court from imposing a more severe sentence on Maguire after he was reconvicted following the withdrawal of his...

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