State of Utah v. Begay

IN THE UTAH COURT OF APPEALS

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State of Utah,
Plaintiff and Appellee,

v.

Nathan Donnie Begay,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20010620-CA
 

F I L E D
(June 26, 2003)
 

2003 UT App 218

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Third District, Salt Lake Department

The Honorable William W. Barrett

Attorneys: Heather Johnson, Salt Lake City, for Appellant

Mark L. Shurtleff and Brett J. DelPorto, Salt Lake City, for Appellee

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Before Judges Jackson, Greenwood, and Orme.

PER CURIAM:

This case is before the court on a renewed, stipulated motion for summary disposition. This court previously granted Appellant's motion to remand, pursuant to rule 23B of the Utah Rules of Appellate Procedure, to supplement the record with evidence relating to whether Appellant received ineffective assistance of counsel in his plea of guilty. Based upon the stipulation of the parties, the trial court concluded that Appellant received ineffective assistance of counsel that prejudiced him.

Based on the forgoing, this court holds that Appellant received incorrect sentencing advice regarding the potential penalties under Utah Code Ann. § 76-3-203.1(1999). That incorrect advice prejudiced Appellant.

Appellant's convictions on three counts of aggravated assault and the weapons enhancement, imposed pursuant to Utah Code Ann. § 76-3-203(1999), are summarily affirmed. However, the enhancement of each conviction by one degree, pursuant to Utah Code Ann. § 76-3-203.1, is summarily vacated. The matter is
remanded to the trial court for imposition of a new sentence in accordance with this decision.

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Norman H. Jackson,

Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge