State v. Cooley

For the following reasons, I dissent.

I cannot agree with the specious reasoning of the majority opinion which in effect nullifies an unambiguous, specific statutory provision. All statutory references are to U.C.A., 1953.

76-1-402(2), provides:

Whenever conduct may establish separate offenses under a single criminal episode, unless the court otherwise orders to promote justice, a defendant shall not be subject to separate trials for multiple offenses when:(a) The offenses are within the jurisdiction of a single court, . . . . [Emphasis supplied.]

The offenses were within the jurisdiction of a…