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VORHER v. HENRIOD

No. 20110737.

297 P.3d 614 (2013)

2013 UT 10

Carlos VORHER, Petitioner, v. Honorable Stephen L. HENRIOD, Respondent.

Supreme Court of Utah.

February 22, 2013.

Attorney(s) appearing for the Case

Richard G. Uday , Charles R. Stewart , Salt Lake City, for petitioner.

Brent M. Johnson , Salt Lake City, M. Douglas Bayly , Tooele, for respondent.

On Certiorari to the Utah Court of Appeals

Justice PARRISH, opinion of the Court:

INTRODUCTION

¶ 1 At issue in this case is whether Utah Code section 76-3-405(2)(b) applies to appeals from justice court convictions. Under section 405(1), "[w]here a conviction or sentence has been set aside on direct review ..., the court shall not impose a new sentence for the same offense ... which is more severe...

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