OPINION CHRISTIANSEN, Judge: 1 Tamara Turner Dobson (Wife) appeals the trial court's Decree of Divorce and Findings of Fact and Conclusions of Law, which awarded Wife physical and legal custody of the parties' two minor children and alimony for twenty years and two months. On appeal, Wife argues that the trial court abused its discretion in awarding the sum of $800 per month in alimony. We affirm in part, and reverse and remand in part. BACKGROUND 2 David C. Dobson (Husband) and Wife...
OPINION ORME, Judge: 1 Defendant Manuel Hurtado Rincon appeals his conviction for identity fraud, a second degree felony. See Utah Code Ann. 76-6-1102 (LexisNexis 2012). 1 We reverse. BACKGROUND 2 Several years ago, Defendant made up a random combination of nine numbers and began representing the number set as his social security number. Over the years, Defendant used the invented number numerous times and in multiple states for employment purposes. Most recently, Defendant used...
OPINION VOROS, Judge: 1 This is an appeal from a grant of summary judgment. The case involves a personal injury claim originally brought by Irene B. Berrett and her husband, Frank E. Berrett, and later continued by Frank Berrett on behalf of himself, Irene Berrett's heirs, and the Estate of Irene B. Berrett (collectively, the Berretts). Irene Berrett was injured when she fell twenty feet into an open manhole while walking to her car in an Albertsons parking lot in Draper, Utah. The trial...
MEMORANDUM DECISION ORME, Judge: 1 Defendant Brian Avery Smith appeals his convictions for possession of a controlled substance, a third-degree felony, see Utah Code Ann. 58-37-8(2)(a)(i) (2012), 1 and possession of drug paraphernalia, a class B misdemeanor, see id. 58-37a-5(1). He argues that the trial court erred by refusing to consider his motion to suppress evidence and by admitting evidence of a broken crack pipe, a twist of cocaine, and a related lab report without an...
DECISION PER CURIAM: 1 James Arnold Gardner appeals from his sentences after pleading guilty to two counts of theft by receiving and one count of attempted theft, all third degree felonies. Gardner asserts that the district court erred in imposing consecutive prison terms of zero to five years, although the district court stayed imposition of the sentences and imposed probation. 2 We review the sentencing decision of the district court, including the decision to grant or deny...
OPINION THORNE, Judge: 1 Ryan Daniel Mills appeals from his convictions on three counts of unlawful sexual conduct with a sixteen or seventeen year old, see Utah Code Ann. 76-5-401.2 (2008); one count of enticing a minor, see id. 76-4-401; five counts of sexual exploitation of a minor, see id. 76-5a-3 (current version at id. 76-5b-201 (2012)); and one count of rape, see id. 76-5-402 (2008). We affirm. BACKGROUND 1 2 In January 2009, Mills was in Utah on leave from...
OPINION McHUGH, Judge: 1 Fernando Gonzalez-Camargo appeals his convictions of possession of methamphetamine, a third degree felony, see Utah Code Ann. 58-37-8(1)(a)(iii) (LexisNexis 2012), 1 and receiving stolen property, a class B misdemeanor, see id. 76-6-408(1) (elements); id. 76-6-412(1)(d) (penalties). We vacate Gonzalez-Camargo's conviction of possession of methamphetamine, and reverse his conviction of receiving stolen property and remand for a new trial on that...
MEMORANDUM DECISION VOROS, Judge: 1 Petitioner Kathleen Bailey petitions for review of the Utah State Retirement Board's decision denying ongoing permanent total disability benefits. We decline to disturb the Board's ruling. 2 In reviewing agency decisions, this court may grant relief if "it determines that a person seeking judicial review has been substantially prejudiced by ... a determination of fact, made or implied by the agency, that is not supported by substantial evidence when...
OPINION VOROS, Judge: 1 John Dorsey (Claimant) seeks judicial review of an order of the Workforce Appeals Board. The Board ruled that Claimant was ineligible to receive unemployment benefits while out of the country and imposed an overpayment assessment and civil penalty for fraud. We set aside the Board's decision. BACKGROUND 1 2 Claimant worked for several years as a server at a restaurant in a seasonal resort area. The restaurant closed twice a year for several months, during which...
MEMORANDUM DECISION McHUGH, Judge: 1 Charles Brandon Peterson challenges his sentence of 360 days in jail for one count of possession or use of a controlled substance, a third degree felony. See Utah Code Ann. 58-37-8(2)(a)(i) (LexisNexis 2012). 1 We dismiss the appeal as moot. 2 Peterson appeals his sentence on the basis that the trial court abused its discretion in sentencing him to jail because it did so without a presentence report and did not rely on reasonably reliable and...
MEMORANDUM DECISION THORNE, Judge: 1 Petitioner Ricky Cunningham appeals the dismissal of his petition for post-conviction relief. We affirm. 2 A brief procedural background of Cunningham's criminal case is necessary to understand the issues on appeal. Cunningham entered into a plea agreement with the State and pleaded guilty to murder, classified as a domestic violence offense, and driving under the influence (DUI) with two or more prior convictions within ten years. On May 5, 2005, the...
DECISION PER CURIAM: 1 Edward Lewis Owens appeals the denial of his third motion seeking to reinstate the time for his direct appeal. We affirm. 2 In April 2009, a jury found Owens guilty of murder, a first degree felony. During a presentencing conference placed on the record, counsel informed the district court of discussions between the State and the defense to the effect that if Owens admitted his guilt at sentencing and provided information about an alleged murder-for-hire scenario...
DECISION PER CURIAM: 1 Troy Lee Ashmore appeals his sentence after pleading guilty to forcible sexual abuse. Ashmore argues that the district court abused its discretion in sentencing him to one to fifteen years in the Utah State Prison. 2 We review the sentencing decision of the district court, including the decision to grant or deny probation, for abuse of discretion. See State v. Valdovinos, 2003 UT App 432, 14, 82 P.3d 1167 . "An abuse of discretion results when the judge...
MEMORANDUM DECISION ORME, Judge. 1 Defendant Valynne Asay Bowers appeals her sentence on two counts of forcible sexual abuse, a second degree felony, see Utah Code Ann. 76-5-404 (LexisNexis Supp. 2012), 1 to which she pled guilty. We affirm. 2 Defendant was an eighth grade math teacher at a Davis County junior high school. In the fall of 2008, one of her former students began to attend after-school tutoring sessions she held in her classroom. Shortly thereafter, the student started...
OPINION ROTH, Judge: 1 Herbert Landry appeals from the dismissal of his petition for postconviction relief. Landry's petition asserted five claims, including two claims alleging violations of his due process rights, an insufficient evidence claim, and separate claims of ineffective assistance against trial counsel and appellate counsel. We reverse and remand for an evidentiary hearing or other appropriate proceedings on the limited issue of whether appellate counsel was ineffective when he...
DECISION PER CURIAM: 1 Defendant Loren Okuly appeals his conviction of criminal mischief, a class B misdemeanor. We affirm. 2 Okuly claims that the record as supplemented by the district court is not adequate for appellate review. During this appeal, Okuly moved for a remand under rule 11(h) of the Utah Rules of Appellate Procedure to address gaps in the transcript resulting from equipment malfunction. On remand, Okuly contended that the record could not be reconstructed. Based upon...
DECISION PER CURIAM: 1 Defendant David W. Ward was convicted of aggravated assault, a third degree felony, following his guilty plea. He appeals his sentence, claiming the district court abused its discretion by sentencing him to the statutory prison term of zero to five years, rather than granting probation. We affirm. 2 Ward argues that the district court failed to properly consider aggravating and mitigating circumstances. Ward adequately preserved the issues that he raises in this...
MEMORANDUM DECISION ROTH, Judge: 1 Defendant Luis Alberto Jimenez appeals his conviction for aggravated sexual abuse of a child and forcible sexual abuse, challenging the trial court's posttrial determination that Jimenez's trial counsel was not ineffective. We affirm. 2 To prevail on an ineffective assistance of counsel claim, "a defendant must first demonstrate that counsel's performance was deficient, in that it fell below an objective standard of reasonable professional judgment."...
MEMORANDUM DECISION THORNE, Judge. 1 J.S. appeals from the juvenile court's adjudication finding that J.S., an eleven-year-old child, intentionally damaged, defaced, or destroyed the property of another. Specifically, the court found that J.S. broke a pipe on a flushing mechanism sensor for a toilet in a bathroom at his school when he intentionally jumped up and down on the valve. We affirm. 2 J.S. claims that he lacks the ability to form the criminal intent required as an element of a...
OPINION THORNE, Judge: 1 Gary Whitener Smith appeals from his conviction of multiple crimes, including aggravated robbery, criminal mischief, burglary, theft, possession of a dangerous weapon by a restricted person, burglary of a vehicle, possession of drug paraphernalia, and interfering with an arresting officer. We affirm. BACKGROUND 2 On January 10, 2009, Mark and Cheryl Sudweeks drove out to examine their rural property and found that their dump truck had been moved to block the...
