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STATE v. CUNNINGHAM

No. 20120475-CA.

316 P.3d 963 (2013)

2013 UT App 277

STATE of Utah, Plaintiff and Appellee, v. Justin CUNNINGHAM, Defendant and Appellant.

Court of Appeals of Utah.

November 21, 2013.

Attorney(s) appearing for the Case

Colleen K. Coebergh , for Appellant.

John E. Swallow and Michelle I. Young , for Appellee.

Judge CAROLYN B. McHUGH authored this Opinion, in which Judge MICHELE M. CHRISTIANSEN and Senior Judge RUSSELL W. BENCH concurred.

McHUGH, Judge:

¶ 1 Justin Cunningham appeals from his conviction for distribution of a controlled substance within 1,000 feet of a church and recreation center, a first degree felony, see Utah Code Ann. § 58-37-8(1)(a)(ii), (4)(a), (4)(b)(i) (LexisNexis 2012).2 In particular, he argues that trial counsel performed ineffectively and that the trial court plainly erred because trial counsel did not withdraw as counsel to...

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