State v. Hovater

RUSSON, Justice:

Michael Hovater appeals from a conviction of distributing a controlled substance within 1,000 feet of a park, a first degree felony, in violation of section 58 — 37—8(l)(a)(ii), -8(5)(a)(v) of the Utah Code. Hovater asserts that his trial attorney’s conduct was so deficient that he was denied his constitutional right to the effective assistance of counsel under the Sixth Amendment to the United States Constitution, made applicable to the states through the Fourteenth Amendment, and article I, section 12 of the Utah Constitution. We affirm Hovater’s conviction.

I. BACKGROUND

Durin…