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STATE v. SMITH

No. 20090775-CA.

238 P.3d 1103 (2010)

2010 UT App 231

STATE of Utah, Plaintiff and Appellee, v. Gary Whitener SMITH, Defendant and Appellant.

Court of Appeals of Utah.

August 19, 2010.

Attorney(s) appearing for the Case

Milton T. Harmon , Nephi, for Appellant.

Mark L. Shurtleff and Laura B. Dupaix , Salt Lake City, for Appellee.

Before Judges DAVIS, McHUGH, and ORME.

MEMORANDUM DECISION

PER CURIAM:

¶ 1 This case is before the court on the State of Utah's Motion to Strike Appellant's Brief, Discharge Counsel, and Appoint Qualified Appellate Counsel under Rule 38B of the Utah Rules of Appellate Procedure. Significantly, no opposition to the motion has been filed.

¶ 2 Based upon the State's motion and our review of the brief filed by appointed counsel on behalf of Defendant Gary Whitener Smith, we agree...

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