State v. Labrum

OPINION

ORME, Judge:

Defendant Troy Labrum appeals the order that increased the minimum term of his sentence pursuant to Utah Code Ann. § 76-3-203.1 (1995), the so-called “gang enhancement” provision. We vacate the sentence enhancement.

FACTS

Labrum challenges his sentence enhancement for the second time. See State v. Lab rum 881 P.2d 900, 905-06 (Utah Ct.App. 1994) (Labrum I), vacated and remanded, 925 P.2d 937 (Utah 1996). As before, we recite the facts ■ underlying Labrum’s- sentence enhancement in the light most favorable to the jury verdict convicting him. See State v. Ramirez, 948 P.2d 375,…