State of Utah v. Preece

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State of Utah,
Plaintiff and Appellee,

v.

Rick Preece,
Defendant and Appellant

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990966-CA

F I L E D
May 25, 2000
  2000 UT App 152 -----

Third District, West Valley Department
The Honorable Ann Boyden

Attorneys:
Jared W. Eldridge, Salt Lake City, for Appellant
David E. Yocom and Brendan P. McCullough, Salt Lake City, for Appellee

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Before Judges Greenwood, Jackson, and Billings.

PER CURIAM:

Rick Preece appeals his conviction of violation of a protective order, a Class A misdemeanor, in violation of Utah Code Ann. § 76-5-108 (1999).

The State "concedes that [it] cannot demonstrate that sufficient evidence was admitted to sustain the defendant's conviction" and, accordingly, stipulates that this court should reverse the judgment. Based upon our independent review of the record, we agree that the State did not prove that Preece knowingly or intentionally violated the protective order.

We reverse the judgment.
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 

______________________________
Judith M. Billings, Judge