State v. Norris

¶ 24 I do not necessarily disagree with the main opinion’s analysis of the constitutionality of the communications fraud statute. See Utah Code Ann. § 76-10-1801 (2003). But, because of the procedural posture of this case, I would rule that we cannot reach the issue under controlling Utah law.1

¶25 As recognized by the main opinion, Defendant entered an unconditional guilty plea to three counts of communications fraud. Cf. State v. Sery, 758 P.2d 935, 939 (Utah Ct.App.1988) (allowing defendants to enter conditional pleas preserving the right to appeal any specified pretrial ruling). In the…