Salt Lake City v. Northern

{1 Defendant Earl Northern appeals his conviction of assault with a domestic violence enhancement, a class A misdemeanor, following the revocation of his plea in abeyance. Northern contends that the district court erred in determining, after an evidentiary hearing, that he committed a new violation of the law that constituted a breach of the requirements of his plea in abeyance agreement. We affirm.

T2 Utah Code section 77-2a-4(1) states,

If, following an evidentiary hearing, the court finds that the defendant has failed to substantially comply with any term or condition of the plea in abeyance…