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STATE v. YARDLEY

No. 20030556-CA.

87 P.3d 749 (2004)

2004 UT App 47

STATE of Utah, Plaintiff and Appellee, v. Kevin YARDLEY, Defendant and Appellant.

Court of Appeals of Utah.

March 4, 2004.

Attorney(s) appearing for the Case

Blake Nakamura, Nakamura & Nykamp, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., and Marian Decker, asst. atty. gen., Salt Lake City, for Appellee.

Before BILLINGS, P.J., DAVIS and THORNE, Jr., JJ.

MEMORANDUM DECISION

PER CURIAM.

¶ 1 Kevin Yardley entered a conditional guilty plea during de novo proceedings in district court following his justice court conviction. The conditional plea sought to preserve a right to appeal an issue that would not otherwise have been appealable under Utah Code section 78-5-120(7) (2002). The State moves to dismiss the appeal because the district court did not rule on the constitutionality of a statute or ordinance...

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