State v. Maguire

HOWE, Chief Justice:

The court of appeals reversed a district court order denying defendant Brian Ma-guire’s motion to correct his sentence. We then granted the State’s petition for a writ of certiorari to review the court of appeals’ decision that Utah Code Ann. § 76-3-405 (1995) precluded the district court from imposing a more severe sentence on Maguire after he was reconvicted following the withdrawal of his no contest plea.

BACKGROUND

While on parole from the Utah State Prison for a prior murder conviction, Maguire assaulted his grandmother and tore off the top third of her ear. The State…