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STATE v. PETERSON

No. 20080115-CA.

193 P.3d 639 (2008)

2008 UT App 304

STATE of Utah, Plaintiff and Appellee, v. Charles Brandon PETERSON, Defendant and Appellant.

Court of Appeals of Utah.

August 14, 2008.

Attorney(s) appearing for the Case

Scott L. Wiggins, Salt Lake City, for Appellant.

Mark L. Shurtleff, Atty. Gen., and Joanne C. Slotnik, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before Judges BENCH, DAVIS, and ORME.

MEMORANDUM DECISION

PER CURIAM:

¶ 1 Charles Brandon Peterson pleaded guilty to one count of assault by a prisoner, a third degree felony, in violation of Utah Code section 76-5-102.5. See Utah Code Ann. § 76-5-102.5 (2003). At the change of plea hearing, the district court told Peterson that any motion to withdraw his guilty plea must be filed in writing prior to the date of sentencing. At sentencing, Peterson's counsel represented that...

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