State v. Bagshaw

OPINION

GREENWOOD, Judge:

Defendant, Robin D. Bagshaw, appeals an Order to Reduce Conviction issued April 22, 1991. We conclude that the court erred in its interpretation and application of Utah Code Ann. § 76-3-402 (1990), in reducing defendant’s two felony convictions to class A misdemeanor convictions instead of to class B misdemeanor convictions. Accordingly, we reverse and remand.

BACKGROUND

The parties agree on the material facts. On June 12, 1989, defendant pled guilty to two counts of obtaining controlled substances by fraud, third degree felonies in violation of Utah Code Ann. §…