STATE v. SMITH

No. 20150036.

374 P.3d 1 (2015)

2015 UT 52

STATE of Utah, Appellee, v. Tracy Eugene SMITH, Appellant.

Supreme Court of Utah.

Rehearing Denied July 30, 2015.


Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Laura B. Dupaix , Asst. Att'y Gen., Salt Lake City, for appellee.

Dale W. Sessions , Cedar City, for appellant.


BACKGROUND

¶ 1 Tracy Eugene Smith was charged with first-degree murder in 1988. That charge included capital punishment as a possible sentence. Mr. Smith pled guilty in exchange for the State's agreement not to seek the death penalty. He later filed a motion to withdraw his plea.1 The district court...

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