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STATE v. WIMBERLY

No. 20110946-CA.

305 P.3d 1072 (2013)

2013 UT App 160

STATE of Utah, Plaintiff and Appellee, v. Elbert Clint WIMBERLY, Defendant and Appellant.

Court of Appeals of Utah.

June 27, 2013.

Attorney(s) appearing for the Case

Patrick W. Corum and Peter A. Daines , for Appellant.

John E. Swallow and Kris C. Leonard , for Appellee.

Judge J. FREDERIC VOROS JR. authored this Opinion, in which Judges GREGORY K. ORME and STEPHEN L. ROTH concurred.

Opinion

VOROS, Judge:

¶ 1 Elbert Clint Wimberly entered a plea in abeyance to one count of aggravated assault. See Utah Code Ann. § 76-5-103 (LexisNexis 2012).1 After determining that Wimberly had violated the terms of the plea in abeyance agreement, the trial court terminated the agreement, entered the guilty plea previously held in abeyance, and sentenced him to prison. Wimberly appeals both the entry of the...

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