Docket Number


Document Type

Brief of Appellant

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This appeal is from a final order and judgment of July 2, 1998 finding that Appellant violated the terms and conditions of his original sentence of April 14, 1998 and ordering that Appellant, serve 90 days in jail with release to INS for deportation, and that the prison term of not less than one year nor more than 15 years in the Utah State Prison for violation of law, to-wit: Distribution/Offer/Arrange to Distribute a Controlled Substance in violation of Section 58-37-8(1) (a) (11), U.C.A. ;1953), as amended, a Second Degree Felony, be suspended "on condition that Defendant not return to the United States" (R. at 02 0) and/or sentence be "stayed from execution". (R. 045, P.85 at 11 and 12), (R. 046, P. 2) Appellant served his jail time and was deported.-

Subsequently, July 2, 1998, Appellant was brought back before the Court for a review of probation. Appellant's original prison senterce, that was ordered April 14, 1998, was imposed. The Court terminated Appellant's probation" and imposed the original sentence of one to 15 years in prison apparently because Appellant reentered the United States after he was deported. Defense counsel questioned the Court's ruling without avail. (R. 046, P. 2) Appellant was never served with an Affidavit alleging probation violation or an Order to Show Cause.


Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
Randine Salerno; Public Defender Asosication, inc of Weber County; Attorneys for Appellant.
Jan Graham; Attorney General; Attorney for Appellee .


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