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STATE v. ERSKINE

No. 20090994-CA.

246 P.3d 1218 (2011)

2011 UT App 20

STATE of Utah, Plaintiff and Appellee, v. Joshua J. ERSKINE, Defendant and Appellant.

Court of Appeals of Utah.

January 21, 2011.

Attorney(s) appearing for the Case

Sherry Valdez and Stephen W. Howard , Salt Lake City, for Appellant.

Mark L. Shurtleff and Kenneth A. Bronston , Salt Lake City, for Appellee.

Before Judges DAVIS, McHUGH, and THORNE.

DECISION

PER CURIAM:

¶ 1 Joshua J. Erskine appeals his sentence for aggravated robbery, a first degree felony, and aggravated assault, a second degree felony. Erskine claims that the district court abused its discretion by sentencing him to concurrent prison terms rather than probation.

¶ 2 The decision whether to grant or deny probation rests "within the sound discretion of the judge who hears the case." State v. Killpack, 2008...

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