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STATE v. TATE

No. 981793-CA.

989 P.2d 73 (1999)

STATE of Utah, Plaintiff and Appellee, v. Lethron D. TATE, Defendant and Appellant.

Court of Appeals of Utah.

October 15, 1999.

Attorney(s) appearing for the Case

Joan C. Watt and Stephanie Ames, Salt Lake Legal Defender Association, Salt Lake City, for Appellant.

Jan Graham, Attorney General and Scott Keith Wilson, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges WILKINS, BILLINGS, and ORME.

OPINION

WILKINS, Presiding Judge:

¶ 1 Defendant Lethron D. Tate appeals the trial court's revocation of his probation and reinstatement of his previously suspended sentence for violating the terms of his probation. The State concedes error. We reverse.

BACKGROUND

¶ 2 In March 1997, Tate pleaded guilty to one count of attempted robbery and was sentenced to zero to five years in prison. That sentence was later suspended, and Tate...

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