State of Utah v. Wheeler

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State of Utah,
Plaintiff and Appellee,

v.

Shepard Wheeler,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000107-CA

F I L E D
September 27, 2001 2001 UT App 276 -----

Third District, Salt Lake Department
The Honorable J. Dennis Frederick

Attorneys:
Kristine M. Rogers, Salt Lake City, for Appellant
Mark L. Shurtleff and J. Frederic Voros, Jr., Salt Lake City, for Appellee

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Before Judges Bench, Davis, and Orme.

ORME, Judge:

Our resolution of this appeal is governed by our recent decision in State v. Wanosik, 2001 UT App 241, 428 Utah Adv. Rep. 10, as acknowledged in the State's supplemental memorandum filed herein at the court's request. For essentially the reasons explained in Wanosik, we vacate appellant's sentence and remand for resentencing.
 
 

______________________________
Gregory K. Orme, Judge -----

WE CONCUR:
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
James Z. Davis, Judge