State of Utah v. McGahee

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State of Utah v. McGahee IN THE UTAH COURT OF APPEALS

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State of Utah,
Plaintiff and Appellee,

v.

Billy Joe McGahee,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020073-CA

F I L E D
July 18, 2002 2002 UT App 245 -----

Second District, Ogden Department
The Honorable Ernest W. Jones

Attorneys:
Billy Joe McGahee, Gunnison, Appellant Pro Se
Mark L. Shurtleff and Jeffrey T. Colemere, Salt Lake City, for Appellee

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Before Judges Davis, Greenwood, and Orme.

PER CURIAM:

This case is before the court on its own motion for summary disposition, pursuant to rule 10(e) of the Utah Rules of Appellate Procedure. McGahee appeals from the trial court's denial of his motion to correct an illegal sentence, pursuant to rule 22(e) of the Utah Rules of Criminal Procedure. However, he asks this court to "declare a misplea" on the basis that, when he entered his guilty plea, he was "mislead [sic] by counsel."

Rule 22(e) does not allow this court to review the legality of a sentence when the actual substance of the appeal is not directed to the sentence itself, but to the underlying conviction. See State v. Brooks, 908 P.2d 856, 860 (Utah 1995).

The trial court's decision is affirmed.
 
 

______________________________
James Z. Davis, Judge
 
 

______________________________
Pamela T. Greenwood, Judge
 
 

______________________________
Gregory K. Orme, Judge

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