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STATE v. MONTIEL

No. 20040780.

122 P.3d 571 (2005)

2005 UT 48

STATE of Utah, Plaintiff and Respondent, v. Alex MONTIEL, Defendant and Petitioner.

Supreme Court of Utah.

August 5, 2005.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Karen A. Klucznik, Asst. Att'y Gen., Byron F. Burmester, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Lori Seppi, Heidi Buchi, Salt Lake City, for defendant.

On Certiorari to the Utah Court of Appeals

DURHAM, Chief Justice:

¶ 1 Defendant Alex Montiel appealed his conviction for aggravated robbery, arguing that the trial court abused its discretion in rejecting a pretrial plea agreement based on a stated policy of rejecting pleas that waive penalty enhancements for use of a firearm. The court of appeals affirmed Montiel's conviction. We granted certiorari to consider the scope of judicial discretion vis-...

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