State v. Gomez

STEWART, Associate Chief Justice:

Defendant Louis Gomez was convicted of rape, a first degree felony, in violation of Utah Code Ann. § 76-5-402, and appeals the prison sentence imposed by the district court pursuant to his conviction. Defendant contends that his rights to due process and effective assistance of counsel were violated by an ex parte communication between the sentencing court and the probation officer who prepared the presentence investigation report, and that his sentence was materially affected thereby. We hold that, defendant’s rights were not violated in this case because…