Legal Opinion

State v. Gutierrez

Court of Appeals of Utah

Decided February 5, 2015No. 20130713-CAPublishedCited by 4 opinions

1Opinion of the Court

Memorandum Decision

PEARCE, Judge:

1 Sacramento Gutierrez appeals from the district court's decision to terminate his probation for a theft conviction and to impose the previously suspended prison sentence upon him. He argues that the district court erred because he had not violated a term of that probation. Gutierres failed to present this argument to the district court. Instead, he raises it in this court as a matter of plain error. "The plain error standard of review requires an appellant to show the existence of a harmful error that should have been obvious to the district court." State v.…

2Cases cited4 opinions

  1. 438 Main Street v. Easy Heat, Inc.Utah Supreme Court · 2004
  2. United States v. DaughertySupreme Court of the United States · 1926
  3. State v. WaterfieldCourt of Appeals of Utah · 2014
  4. State v. DenneyCourt of Appeals of Utah · 1989

3Cited by4 opinions

  1. State v. FrielCourt of Appeals of Utah · 2015
  2. In re J.C.Court of Appeals of Utah · 2016
  3. J.C. v. StateCourt of Appeals of Utah · 2016
  4. J.C. v. StateCourt of Appeals of Utah · 2016

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