Legal Opinion

State v. Maguire

Court of Appeals of Utah

Decided February 19, 1999No. 951246-CAPublishedCited by 6 opinions

1Opinion of the Court

DAVIS, Judge:

¶ 1 This is an appeal from the trial court’s denial of defendant Brian Maguire’s Motion to Correct Sentence upon conviction for aggravated assault, a third degree felony, in violation of Utah Code Ann. § 76-5-103 (1995).

BACKGROUND

¶ 2 While on parole from the Utah State Prison for a second degree murder conviction, Maguire assaulted his grandmother, tearing off the top third of her ear. Maguire was charged with aggravated assault, mayhem, and being a habitual criminal. His parole was also revoked because of the incident. As a result of a plea bargain with the State, Maguire…

2Cases cited19 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Whalen v. United StatesSupreme Court of the United States · 1980
  3. United States v. ScottSupreme Court of the United States · 1978
  4. United States v. DiFrancescoSupreme Court of the United States · 1980
  5. Marvin McClain v. United StatesCourt of Appeals for the Second Circuit · 1982

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3Cited by6 opinions

  1. State v. RodriguesUtah Supreme Court · 2009
  2. State v. PRIONUtah Supreme Court · 2012
  3. State v. ValenciaCourt of Appeals of Utah · 2001
  4. State v. UdyCourt of Appeals of Utah · 2012
  5. State v. PerkinsCourt of Appeals of Utah · 2014

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

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