Legal Opinion · Concurring in part, dissenting in part

State v. Gallegos

Court of Appeals of Utah

Decided October 4, 2018No. 20150688-CAPublished

1Concurring in part, dissenting in part

HARRIS, Judge (concurring in part and dissenting in part):

¶57 I concur with the majority's analysis in Section III in its entirety. I also concur with the majority's analysis in Section II.A. I disagree, however, with the conclusions the majority reaches in much of Section I and most of Section II.B, and due to this disagreement I cannot join in the majority's resolution of this appeal, at least not at this stage of the proceedings.

¶58 The majority persuasively explains that Gallegos's trial counsel performed deficiently by failing to seek a separate trial for the Police Station Charges. The…

2Cases cited7 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Strickler v. GreeneSupreme Court of the United States · 1999
  3. State v. RamirezUtah Supreme Court · 1991
  4. State v. CloptenUtah Supreme Court · 2009
  5. Tillman v. StateUtah Supreme Court · 2005

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