State v. Cabrera
Court of Appeals of Utah
1Opinion of the Court
*709OPINION
BENCH, Presiding Judge:
{1 Defendant Nicholas Joshua Cabrera pleaded guilty to two counts of class A misdemeanor Driving Under the Influence (DUI) with injuries. See Utah Code Ann. §§ 41-6a-502, 41-6a-508(1)(b)) (2005). He now appeals the part of his sentence requiring him to pay restitution to Rebecca Mec-ham (the Victim). In this decision, we conclude that court-ordered restitution, imposed as part of a criminal sentence, is not automatically discharged through bankruptey proceedings. Further, we hold that a defendant's right to counsel at sentencing extends to restitution hearings…
2Cases cited13 opinions
- Mempa v. RhaySupreme Court of the United States · 1967
- Kelly v. RobinsonSupreme Court of the United States · 1986
- McConnell v. RhaySupreme Court of the United States · 1968
- State v. CasarezUtah Supreme Court · 1982
- State v. PedockieUtah Supreme Court · 2006
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3Cited by10 opinions
- State v. KingCourt of Appeals of Utah · 2018
- State v. MillerCourt of Appeals of Utah · 2007
- State v. JamiesonCourt of Appeals of Utah · 2017
- State v. SmithCourt of Appeals of Utah · 2018
- Gibson v. StateCourt of Appeals of Georgia · 2013
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