Legal Opinion

State v. Duran

Court of Appeals of Utah

Decided March 20, 2014No. 20120875-CAPublished

1Opinion of the Court

*1178Memorandum Decision

BENCH, Senior Judge:

¶ 1 Defendant Patrick F. Duran appeals from his conviction for possession of a controlled substance. He argues that his trial counsel was ineffective in failing to file a motion to suppress and in failing to object at trial to certain gang-related statements. We affirm.

¶ 2 “An ineffective assistance of counsel claim raised for the first time on appeal presents a question of law.” State v. Clark, 2004 UT 25, ¶ 6, 89 P.3d 162. “[A] defendant raising an ineffectiveness claim must show first, that his counsel rendered a deficient performance in some…

2Cases cited11 opinions

  1. United States v. ArvizuSupreme Court of the United States · 2002
  2. United States v. JerniganCourt of Appeals for the Eleventh Circuit · 2003
  3. State v. ClarkUtah Supreme Court · 2004
  4. State v. KelleyUtah Supreme Court · 2000
  5. State v. MarklandUtah Supreme Court · 2005

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