Legal Opinion

Moench v. State

Court of Appeals of Utah

Decided March 11, 2004No. 20030382-CAPublishedCited by 1 opinion

1Opinion of the Court

OPINION

BILLINGS, Presiding Judge:

¶ 1 Defendant Andrew D. Moench appeals the trial court’s denial of his petition for post-conviction relief that challenged his conviction for aggravated assault with a gang enhancement, 1 a second-degree felony. Moench argues that he (1) was improperly sentenced under the gang enhancement statute, (2) did not enter a voluntary and knowledgeable guilty plea, and (3) received ineffective assistance of counsel. We affirm.

BACKGROUND

¶2 On October 31, 1998, Defendant, a “Straight Edge” gang member, together with several gang associates, was involved in a fight with…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. State v. LopesUtah Supreme Court · 1999
  4. State v. MaguireUtah Supreme Court · 1992
  5. State v. VisserUtah Supreme Court · 2000

10 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Arriaga v. StateUtah Supreme Court · 2020

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API