State of Utah, v. Price

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Pattie Rae Price,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010874-CA

F I L E D
May 2, 2002 2002 UT App 139 -----

Third District, Salt Lake Department
The Honorable Leslie A. Lewis

Attorneys:
Edwin S. Wall, Salt Lake City, for Appellant
Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee

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Before Judges Jackson, Bench, and Orme.

PER CURIAM:

This case is before the court on a sua sponte motion for summary disposition. Appellant Pattie Rae Price was convicted based upon a guilty plea to Operation of a Clandestine Laboratory, a first degree felony. She contends the district court abused its discretion by sentencing her to a prison term to run consecutively to the prison term Price was then serving on an unrelated conviction originating in the Second District Court for the same statutory offense.

Price concedes the sentence does not exceed legal limits, but contends the court did not fully or adequately consider all relevant factors. In imposing consecutive sentences, a trial court must "consider the gravity and circumstances of the offense and the history, character, and rehabilitative needs of the defendant in determining whether to impose consecutive sentences." Utah Code Ann. § 76-3-401 (1995). The sentencing transcript demonstrates that the trial court adequately considered the enumerated factors. The claim that the plea colloquy created an expectation by Price that the court would impose concurrent sentences is unsupported by the record. Price's personal expectation does not mean that the court abused its discretion by sentencing Appellant to a prison term to run consecutively to the term she was serving on her prior conviction. We affirm the sentence.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Russell W. Bench, Judge
 
 

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Gregory K. Orme, Judge