State v. Masciantonio

OPINION

GREENWOOD, Judge:

Defendant, Lonnie Kirkland Mascianto-nio, entered a conditional plea of “no contest” to forgery, a second degree felony, in violation of Utah Code Annotated section 76-6-501(3)(b) (1990). See State v. Sery, 758 P.2d 935, 939 (Utah App.1988) (allowing defendant to enter a plea conditioned upon his right to appeal the trial court’s denial of his motion to dismiss). Because we agree with defendant’s contention that the act with which she was charged warrants only a class A misdemeanor conviction, we reverse and remand.

BACKGROUND

In April 1991, while working as assistant…