State of Utah v. James, Jr.

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Franklin James, Jr.,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 991091-CA

F I L E D
March 30, 2000
  2000 UT App 87 -----

Second District, Farmington Department
The Honorable Michael G. Allphin

Attorneys:
Franklin James, Jr., Gunnison, Appellant Pro Se

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Before Judges Jackson, Bench, and Billings.

PER CURIAM:

"A request to correct an illegal sentence under rule 22(e) presupposes a valid conviction. Therefore, issues concerning the validity of a conviction are not cognizable under rule 22(e)." State v. Brooks, 908 P.2d 856, 860 (Utah 1995) (citations omitted). As the trial court pointed out, James's arguments concerning alleged ineffective assistance of counsel and alleged flaws in the presentence report concern his underlying conviction, not his sentence. Therefore, the trial court properly denied James's motion to correct illegal sentence.

James's sentence for his third degree felony conviction was within statutory guidelines. Accordingly, the trial court's order denying his motion to correct illegal sentence is affirmed.
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 

______________________________
Judith M. Billings, Judge