Legal Opinion

State v. Rinehart

Court of Appeals of Utah

Decided May 10, 2018No. 20170185-CAPublished

1Opinion of the Court

Per Curiam Opinion

2Per curiam

¶1 Shiloh D. Rinehart appeals the restitution order entered following her conviction of burglary, a third degree felony. Rinehart raises two issues on appeal, both of which rely on evidence found outside the record. Therefore, Rinehart also filed a motion seeking a remand under rule 23B of the Utah Rules of Appellate Procedure. We deny the motion for remand and affirm the restitution order.

¶2 "A remand under rule 23B will be granted only upon a nonspeculative allegation of facts, not fully appearing in the record on appeal, which, if true, could support a determination that…

3Cases cited3 opinions

  1. State v. LitherlandUtah Supreme Court · 2000
  2. State v. GriffinUtah Supreme Court · 2015
  3. State v. HandCourt of Appeals of Utah · 2016

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