Legal Opinion

State v. Cabrera

Court of Appeals of Utah

Decided June 7, 2007No. 20050963-CAPublishedCited by 10 opinions

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

  1. Mempa v. RhaySupreme Court of the United States · 1967
  2. Kelly v. RobinsonSupreme Court of the United States · 1986
  3. McConnell v. RhaySupreme Court of the United States · 1968
  4. State v. CasarezUtah Supreme Court · 1982
  5. State v. PedockieUtah Supreme Court · 2006

8 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. KingCourt of Appeals of Utah · 2018
  2. State v. MillerCourt of Appeals of Utah · 2007
  3. State v. JamiesonCourt of Appeals of Utah · 2017
  4. State v. SmithCourt of Appeals of Utah · 2018
  5. Gibson v. StateCourt of Appeals of Georgia · 2013

5 more not listed; retrieve them via the Exa API.

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