MEMORANDUM DECISION
ORME, Judge:
¶ 1 Defendant Kelly Tyson Davis appeals his conviction for retail theft, a third degree felony given his prior convictions, see Utah Code Ann. § 76-6-602 (2008). On appeal, Defendant contends that it was plain error for the trial court not to find that the prosecutor had breached the plea agreement during the sentencing hearing. We conclude that there was a more fundamental problem regarding the plea agreement....
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