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MOENCH v. STATE

No. 20030382-CA.

88 P.3d 353 (2004)

2004 UT App 57

Andrew D. MOENCH, Plaintiff and Appellant, v. STATE of Utah, Defendant and Appellee.

Court of Appeals of Utah.

March 11, 2004.

Attorney(s) appearing for the Case

Bruce A. Jacques, South Jordan, for Appellant.

Mark L. Shurtleff, atty. gen., and Christopher D. Ballard, asst. atty. gen., Salt Lake City, for Appellee.

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

OPINION

BILLINGS, Presiding Judge:

¶ 1 Defendant Andrew D. Moench appeals the trial court's denial of his petition for post-conviction relief that challenged his conviction for aggravated assault with a gang enhancement,1 a second-degree felony. Moench argues that he (1) was improperly sentenced under the gang enhancement statute, (2) did not enter a voluntary and knowledgeable guilty plea, and (3) received ineffective assistance...

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