State v. Ewell

I concur with the result reached today. However, I write separately to point out that the term “convicted,” as used in Utah Code Ann. § 76-3-203(4) (1990), means the establishment of guilt, not the imposition of the judgment and sentence upon a finding of guilt. While I recognize that the word “convicted” is used in either context in various statutes and procedural rules,1 it is apparent that the legislature used the term “convict*1364ed” in the enhancement statute at issue to mean the establishment of guilt.

The legislature chose to require that a person be “sentenced” to a term of imprisonment…