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STATE v. GUARD

No. 20140039.

371 P.3d 1 (2015)

2015 UT 96

STATE of Utah, Petitioner, v. Jimmy D. GUARD, Respondent.

Supreme Court of Utah.

Rehearing Denied April 20, 2016.

Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Jeffrey S. Gray , Asst. Att'y Gen., Salt Lake City, for petitioner.

Margaret P. Lindsay , Matthew R. Morrise , Salt Lake City, for respondent.

Chief Justice DURRANT authored the opinion of the Court, in which Associate Chief Justice LEE, Justice DURHAM, Justice HIMONAS, and Judge HARRIS joined. Having recused herself due to her resignation from this court, Justice PARRISH did not participate herein; Judge RYAN M. HARRIS sat.

On Certiorari to the Utah Court of Appeals

Introduction

¶ 1 We are asked to review the court of appeals' retroactive application of our decision in State v. Clopten to Mr. Guard's case. We issued Clopten while Mr. Guard's case was on direct appeal. In Clopten...

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