OPINION ORME, Judge: 1 Gordon R. King appeals his conviction of attempted sexual abuse of a child, a third degree felony, see Utah Code Ann. 76-5-404.1 (2008). 2 We have twice previously reversed King's conviction and remanded for a new trial. See State v. King ( King I ), 2004 UT App 210, 27, 95 P.3d 282 ; State v. King ( King III ), 2006 UT App 355, 16, 144 P.3d 222 . As discussed more fully in the Background section, the Utah Supreme Court reversed both of our decisions...
Not For Official Publication MEMORANDUM DECISION THORNE, Judge. Heather Cloward appeals from her conviction on one count of aggravated exploitation of prostitution, a second degree felony, see Utah Code Ann. 76-10-1306 (2008). Cloward argues that the State presented insufficient evidence to prove that she encouraged, induced, or otherwise purposely caused sixteen-year-old C.W. to become or remain a prostitute or that Cloward had the requisite degree of awareness that C.W. was under the age...
Not For Official Publication MEMORANDUM DECISION CHRISTIANSEN, Judge. Plaintiff Joseph Billings challenges the district court's grant of summary judgment on all of his claims against defendants Paul James Toscano and Paul Toscano, PC (collectively, Toscano). We affirm. Billings raises two issues on appeal, both concerning a chapter 7 bankruptcy proceeding (the bankruptcy action). See generally In re Antoinette Billings , No. 08-22447 (Bankr. Utah filed April 17, 2008). "We review a...
MEMORANDUM DECISION ROTH, Judge: 1 Daryl Otterson appeals his convictions for rape of a child, sodomy of a child, object rape of a child, and sexual abuse of a child on the grounds that the trial court (1) failed to grant his motion to dismiss after the State neglected to comply with his request for a bill of particulars; (2) erroneously denied him access to the complaining witness's counseling records; and (3) improperly admitted evidence of prior bad acts without the prosecution having...
AMENDED OPINION 1 McHUGH, Associate Presiding Judge: 1 This case is before us on remand from the Utah Supreme Court for a determination of whether the erroneous introduction of evidence during defendant Kenneth Anthony Leber's trial on charges of second degree felony child abuse, see Utah Code Ann. 76-5-109 (2008), 2 based on an incident involving his sixteen-year-old son (Son), was harmless. See State v. Leber (Leber II ), 2009 UT 59, 25, 216 P.3d 964 . We conclude the error was...
MEMORANDUM DECISION THORNE, Judge: 1 Defendant Robert Martell McDaniel appeals from convictions of forgery, see Utah Code Ann. 76-6-501 (2008), and attempted theft, see id. 76-6-404, arguing that the trial court erred by refusing to merge the forgery charge with the attempted theft charge. We affirm. 2 "As a general rule, claims not raised before the trial court may not be raised on appeal." State v. Cruz, 2005 UT 45, 33, 122 P.3d 543 (internal quotation marks omitted). To...
OPINION ROTH, Judge: 1 Dale E. Newland appeals from the trial court's denial of his motion to suppress evidence of child pornography that police found on his laptop computer after he had ostensibly consented to the search. Newland asserts that the evidence should have been suppressed because his consent was tainted by a prior illegal search of the computer. The State argues that the motion was properly denied because Newland's consent was not obtained through exploitation of the initial...
Not For Official Publication MEMORANDUM DECISION McHUGH, Associate Presiding Judge: Andrew Hunter Cone appeals the denial of his motions to suppress evidence found after a search of his bedroom pursuant to a search warrant. After the search, Cone was charged with possession of psilocybin in a drug-free zone with intent to distribute, possession of marijuana in a drug-free zone, and possession of paraphernalia in a drug-free zone. He entered a conditional guilty plea to amended charges, 1...
MEMORANDUM DECISION McHUGH, Associate Presiding Judge: 1 Alex Preston Nimer appeals his conviction for possession of a controlled substance, see Utah Code Ann. 58-37-8(2)(a)(i) (Supp. 2010). 1 Nimer claims that the trial court erred in denying his motion to suppress evidence of heroin possession because the officer lacked probable cause to arrest him and that, therefore, a subsequent search and discovery of heroin violated his Fourth Amendment rights. We affirm. 2 On August 1, 2008,...
Not For Official Publication MEMORANDUM DECISION CHRISTIANSEN, Judge. Defendant Victor Rios appeals his jury conviction for aggravated burglary, see Utah Code Ann. 76-6-203 (2008), arguing that the trial court plainly erred in sending the case to the jury because the State clearly presented insufficient evidence to support Defendant's aggravated burglary conviction. 1 We affirm. Because Defendant did not object at trial to the sufficiency of the State's evidence, 2 he must demonstrate...
OPINION CHRISTIANSEN, Judge: 1 The State appeals the district court's sentence imposed upon defendant Joshua Kane Dana after he pleaded guilty to failure to register as a sex offender. We reverse and vacate the sentence imposed by the district court and remand for resentencing. BACKGROUND 2 In July 2007, the State charged Defendant with a third degree felony for his failure to register as a sex offender pursuant to Utah Code section 77-27-21.5(16)(a)(i). See Utah Code Ann. 77-27-21....
Not For Official Publication MEMORANDUM DECISION ORME, Judge. "To bind a defendant over for trial, the State must show probable cause at a preliminary hearing by present[ing] sufficient evidence to establish that the crime charged has been committed and that the defendant has committed it." State v. Clark , 2001 UT 9, 10, 20 P.3d 300 (alteration in original) (citation and internal quotation marks omitted). While the quantum of evidence required to support a finding of probable cause for...
Not For Official Publication MEMORANDUM DECISION ORME, Judge: "Summary judgment is appropriate only when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law." Fericks v. Lucy Ann Soffe Trust , 2004 UT 85, 10, 100 P.3d 1200 . See Utah R. Civ. P. 56(c). We review a grant of summary judgment for correctness, giving no particular deference to the district court's conclusions of law. See Fericks , 2004 UT 85, 10. Draper City...
Not For Official Publication MEMORANDUM DECISION ORME, Judge: We have determined that "[t]he facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument." Utah R. App. P. 29(a)(3). Moreover, the issues presented are readily resolved under applicable law. "The standard of review for a sufficiency claim is highly deferential to a jury verdict." State v. Workman , 2005 UT 66, 29, 122 P.3d 639 . We "...
Not For Official Publication MEMORANDUM DECISION PER CURIAM. S.S. (Father) appeals the juvenile court's order adjudicating his two children as neglected. We affirm. Father asserts three issues on appeal, alleging that the juvenile court erred in its adjudication order entered after a hearing. However, despite this court's notice of a transcript deadline and subsequent cure letter, Father has failed to provide a transcript of the adjudication hearing. It is an appellant's obligation to...
Not For Official Publication MEMORANDUM DECISION PER CURIAM. Calvin Paul Stewart appeals the district court's August 19, 2010 order denying his motion for relief from judgment. This matter is before the court on its own motion for summary disposition on the basis that the grounds for review are so insubstantial as not to merit further proceedings and consideration by this court. Stewart filed a motion for relief from judgment pursuant to rule 60 of the Utah Rules of Civil Procedure in his...
Not For Official Publication MEMORANDUM DECISION VOROS, Judge: The trial court granted plaintiff Bolinder Company, Inc. summary judgment against defendant Steven K. Walker. It also granted third-party defendant Russell Christensen summary judgment against third-party plaintiff Walker. Walker sought relief from the latter judgment under rule 60(b) of the Utah Rules of Civil Procedure. See Utah R. Civ. P. 60(b). The trial court denied Walker's rule 60(b) motion, and Walker appeals. We affirm....
MEMORANDUM DECISION McHUGH, Associate Presiding Judge: 1 Kenneth Rajo appeals the trial court's denial of his motion to dismiss the classification of his charge of Driving Under the Influence (DUI) as a felony, arguing that two prior DUI convictions in California cannot be used to enhance his Utah DUI charge. We affirm. 2 On April 21, 2007, Rajo "drove a motor vehicle [in Utah] at a time when [his] blood/alcohol level exceeded 0.08[%]" in violation of Utah Code section 41-6a-502 (the...
OPINION CHRISTIANSEN, Judge: 1 Petitioner Linda Anderson (Wife) appeals the trial court's award of respondent Glenn Hunter Thompson's (Husband) attorney fees and costs incurred on appeal. We reverse. BACKGROUND 2 This case has an appellate history that includes two prior appeals: Anderson v. Thompson, 2008 UT App 3, 176 P.3d 464 ; and Anderson v. Thompson (Anderson II), 2008 UT App 170 (mem.). In Anderson II, after reaching the merits of the issues on appeal, this court addressed...
Not For Official Publication MEMORANDUM DECISION CHRISTIANSEN, Judge. Petitioner Richard Norris seeks our review of the Labor Commission's (the Commission) decision that he was an independent contractor, resulting in the Commission's denial of workers' compensation benefits to Norris. We affirm. The Commission adopted the administrative law judge's findings of fact and then determined, based on those findings, that "Norris acted as an independent contractor and was not an employee." Norris...
