Vorher v. Honorable S. L. Henriod

Justice PARRISH, opinion of the Court:

INTRODUCTION

T1 At issue in this case is whether Utah Code section 76-3-405(2)(b) applies to appeals *615from justice court convictions. Under seetion 405(1), "[wlhere a conviction or sentence has been set aside on direct review ..., the court shall not impose a new sentence for the same offense ... which is more severe than the prior sentence." Urax Cong § 76-3-405(1). Section 76-8-405(2)(b) provides an exception to this general rule when a defendant's sentence is based on a plea agreement. The court of appeals applied this exception to uphold the district…