State v. Yazzie

On Certification from the Utah Court of Appeals

NEHRING, Justice:

INTRODUCTION

T1 This case comes before us in conjunction with State v. Anderson, 2009 UT 13, 208 P.3d 990, which we also decide today. In both cases, we are asked to decide the appropriate occasion for determining concurrent or consecutive sentencing. Additionally, in this case, we are asked to determine whether double jeopardy provisions are violated if a district court judge corrects an illegal sentence or an illegally imposed sentence. We hold that in this case Judge Sheila McCleve was the appropriate judge to determine…