State v. Anderson

NEHRING, Justice:

INTRODUCTION

11 In this case, we consider whether the court of appeals correctly construed Utah Code section 76-3-401,1 which governs the imposition of concurrent or consecutive sentences. David Scott Anderson, the defendant in this case, pled guilty to theft. A district court judge placed Mr. Anderson on probation, staying the prison sentence of zero to five years. A year later, after being convicted of two counts of aggravated robbery while on probation, a second judge sentenced Mr. Anderson to two concurrent indeterminate terms of not less than six years. This judge did not…