[Download] "State Utah v. Eugene Montoya" by Supreme Court of Wisconsin * eBook PDF Kindle ePub Free
eBook details
- Title: State Utah v. Eugene Montoya
- Author : Supreme Court of Wisconsin
- Release Date : January 15, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Eugene Montoya seeks review of a court of appeals decision vacating his conditional plea of no contest to a charge of incest. Montoyas plea was expressly conditioned upon the preservation of his right to appeal "the narrow legal question of whether the State correctly charged [him] and recited the elements of Incest in the Amended Information." The court of appeals concluded that the trial court erred in accepting Montoyas conditional plea because "the condition purportedly preserved for appeal will not necessarily end the prosecution of this case." State v. Montoya, 858 P.2d 1027, 1029 (Ct. App. 1993), cert. granted, 878 P.2d 1154 (Utah 1994). In so doing, it placed a limiting construction on State v. Sery, 758 P.2d 935 (Utah Ct. App. 1988). We granted certiorari and now reverse the decision of the court of appeals. The matter is remanded to the court of appeals to consider the merits of Montoyas "improper charge" arguments.
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