Legal Opinion

State v. Montoya

Court of Appeals of Utah

Decided January 11, 1996No. 920441-CAPublishedCited by 6 opinions

1Opinion of the Court

WILKINS, Judge:

Following his conditional plea of no contest to the charge of incest, Eugene Montoya appeals “the narrow legal question of whether the State correctly charged [him] and recited the elements of Incest in the Amended Information.” We affirm.

BACKGROUND

In April 1991, the State charged Montoya with one count of aggravated sexual assault, a first degree felony, in violation of section 76-5-405 of the Utah Code, and one count of incest, a third degree felony, in violation of section 76-7-102. According to the information, Montoya allegedly took his adult daughter to a motel where he…

2Cases cited15 opinions

  1. State v. PenaUtah Supreme Court · 1994
  2. State v. SeryCourt of Appeals of Utah · 1988
  3. State v. TillmanUtah Supreme Court · 1987
  4. State v. HowellUtah Supreme Court · 1982
  5. Sunderland v. United StatesCourt of Appeals for the Eighth Circuit · 1927

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3Cited by6 opinions

  1. State v. ReedUtah Supreme Court · 2000
  2. State v. PreeceCourt of Appeals of Utah · 1998
  3. State v. MeloCourt of Appeals of Utah · 2001
  4. State v. YoungCourt of Appeals of Utah · 2015
  5. State v. LovelessUtah Supreme Court · 2010

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

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