Opinion
Case No. 20060011-CA.
Filed October 13, 2006. (Not For Official Publication).
Appeal from the Third District, West Jordan Department, 031400115 The Honorable Royal I. Hansen.
Terence Haynes, Sandy, for Appellant.
David E. Yocum and Christopher G. Bown, West Jordan, for Appellee.
Before Judges Bench, Greenwood, and Thorne.
MEMORANDUM DECISION
Kevin G. Maher appeals the trial court's decision denying his motion to dismiss the order to show cause and the entry of conviction on a plea in abeyance. This is before the court on the State's motion to concede error and reverse the trial court.
The State concedes that it did not establish that it was aware of Maher's plea violation in a timely manner under Utah Code section 77-2a-4(1). The State also concedes that, therefore, the trial court erred in failing to dismiss the order to show cause against Maher. The State requests this court to reverse the trial court's order denying the dismissal of the order to show cause and remand to the trial court for dismissal of the case based on Maher's successful completion of the plea in abeyance agreement.
Accordingly, the trial court's denial of Maher's motion to dismiss the order to show cause is reversed and the entry of conviction is vacated. This case is remanded to the district court for dismissal of the case in accordance with the plea in abeyance agreement.
Russell W. Bench, Presiding Judge, Pamela T. Greenwood, Associate Presiding Judge William A. Thorne Jr., Judge