State v. Rivera

OPINION

BENCH, Judge:

Defendant entered a conditional plea of no contest to the charge of possession of a dangerous weapon by a restricted person, purportedly preserving his right to appeal the district court’s denial of his motion to quash the circuit court’s bindover. We vacate the district court’s acceptance of defendant’s plea and remand for further proceedings.

FACTS

On the morning of July 26, 1992, Brenda Kilgrow was alone at a Top Stop Store in South Salt Lake where she was employed as a cashier. At about 7:00 a.m., an hour before the store opened, Kilgrow stepped outside to smoke a…