State v. Powell

HOWE, Chief Justice.

Defendant Frank Powell appeals from the trial court’s denial of his motion to correct the sentence imposed upon him following his conviction for second degree murder after he withdrew his guilty plea to manslaughter. He contends that the trial court’s refusal violates Utah Code Ann. § 76-3-405 (1995), which prohibits the imposition of a more severe sentence following the setting aside of a conviction or sentence on appeal.

FACTS

Powell was charged with second degree murder after running over and killing another man at a party following an extended confrontation between the…