Opinion
Case No. 20000879-CA.0.
FILED December 13, 2001. (Not For Official Publication)
Fifth District, St. George Department, The Honorable James L. Shumate.
Kenneth L. Combs, St. George, for Appellant.
Mark L. Shurtleff and Jeffrey T. Colemere, Salt Lake City, for Appellee.
Before Judges Jackson, Orme, and Thorne.
MEMORANDUM DECISION
Defendant challenges the sufficiency of the evidence that he violated the terms and conditions of his probation. He also challenges the revocation of his probation by arguing that he received insufficient notice of the basis for the revocation.
However, Defendant failed to preserve these issues for appeal. "As a general rule, claims not raised before the trial court may not be raised on appeal. . . . [W]e have held that the preservation rule applies to every claim . . . unless a defendant can demonstrate that `exceptional circumstances' exist or `plain error' occurred." State v. Holgate, 2000 UT 74,¶ 11, 10 P.3d 346; see also Utah R. App. P. 24(a)(5), (9). Defendant has not argued either of these two exceptions.
Moreover, Defendant failed to meet his burden of marshaling the evidence, thus precluding our consideration of his challenge to the sufficiency of the evidence. See Utah R. App. P. 24(a)(9); West Valley City v. Majestic Inv. Co., 818 P.2d 1311, 1315 (Utah Ct.App. 1991).
Accordingly, we decline to address Defendant's arguments. See State v. Blubaugh, 904 P.2d 688, 700-01 (Utah Ct.App. 1995).
Affirmed.
Norman H. Jackson, Associate Presiding Judge
WE CONCUR: Gregory K. Orme, Judge, William A. Thorne, Jr., Judge.