Legal Opinion

State v. Gambrell

Court of Appeals of Utah

Decided June 26, 1991No. 900559-CAPublishedCited by 4 opinions

1Opinion of the Court

BILLINGS, Associate Presiding Judge:

Defendant appeals from his conviction of three counts of negligent homicide in violation of Utah Code Ann. § 76-5-206 (1990). As a threshold matter he challenges the trial court’s jurisdiction and in addition challenges the court’s imposition of three consecutive sentences, one term for each victim killed in the traffic accident. We affirm.

The basic facts are not in dispute. Gambrell was driving a large truck loaded with 78,000 pounds of steel down a grade when the braking system of the truck catastrophically failed.

In an attempt to stop the truck,…

2Cases cited25 opinions

  1. State v. CarrollSupreme Court of Connecticut · 1871
  2. Ex Parte RathmellCourt of Criminal Appeals of Texas · 1986
  3. Vigil v. StateWyoming Supreme Court · 1977
  4. Plateau Mining Co. v. Utah Division of State Lands & ForestryUtah Supreme Court · 1990
  5. People v. KempleyCalifornia Supreme Court · 1928

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

3Cited by4 opinions

  1. State v. MenziesUtah Supreme Court · 1992
  2. Pett v. BRIGHAM CITY CORP.Court of Appeals of Utah · 2010
  3. Pett v. BRIGHAM CITY CORP.Court of Appeals of Utah · 2010
  4. State v. SawyersCourt of Appeals of Utah · 1991

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