State v. Montoya

ON CERTIORARI TO THE UTAH COURT OF APPEALS

ZIMMERMAN, Chief Justice;

Eugene Montoya seeks review of a court of appeals decision vacating his conditional plea of no contest to a charge of incest. Montoya’s plea was expressly conditioned upon the preservation of his right to appeal “the narrow legal question of whether the State correctly charged [him] and recited the elements of Incest in the Amended Information.” The court of appeals concluded that the trial court erred in accepting Montoya’s conditional plea because “the condition purportedly preserved for appeal will not necessarily end the…