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LAYTON CITY v. STEVENSON

No. 20130342.

337 P.3d 242 (2014)

2014 UT 37

LAYTON CITY, Respondent, v. Brent Sorenson STEVENSON, Petitioner.

Supreme Court of Utah.

September 5, 2014.

Attorney(s) appearing for the Case

Steven L. Garside , Gary R. Crane , Layton, for respondent.

Glen W. Neeley , Ogden, for petitioner.

Randall W. Richards , Ogden, Kent R. Hart , Salt Lake City, for amicus Utah Association of Criminal Defense Lawyers.

Chief Justice DURRANT authored the opinion of the Court, in which Associate Chief Justice NEHRING, Justice DURHAM, Justice PARRISH, and Justice LEE joined.

Chief Justice DURRANT, opinion of the Court:

Introduction

¶ 1 This case presents two related issues: (1) must the prosecution provide proof of a conviction to establish that a defendant failed to comply with a plea in abeyance condition prohibiting any further violations of law;1 and (2) what standard of proof must the prosecution meet in order to establish that a defendant failed to comply with a condition in a plea in...

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