State v. Corry
State v. Corry, 2024 UT App 142 (Luthy, J.)
Criminal Law
Defendant pleaded guilty to four counts of forcible sexual abuse. Adult Probation and Parole recommended a prison sentence even though official guidelines recommended 210 days in jail. The court imposed a prison sentence. Defendant raised multiple claims appealing his sentence and filed a rule 23B motion claiming ineffective assistance during sentencing. The Utah Court of Appeals affirmed, holding:
- Defendant did not object to specific alleged inaccuracies in the presentence report. The district court did not plainly err, and counsel did not render ineffective assistance regarding aggravating factors.
- The district court did not abuse its discretion in sentencing Defendant to prison. The rule 23B motion is denied.
- Practice tip: A defendant must identify specific alleged inaccuracies in a presentence report. A defendant may not rely on the statutory protections by claiming generally that the report is inaccurate.