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STATE v. ROJAS-MARTINEZ

No. 20020706-CA.

73 P.3d 967 (2003)

2003 UT App 203

STATE of Utah, Plaintiff and Appellee, v. Tomas G. ROJAS-MARTINEZ, Defendant and Appellant.

Court of Appeals of Utah.

June 19, 2003.

Attorney(s) appearing for the Case

Hakeem Ishola, Ishola & Associates PC, Katy, Texas, for Appellant.

Craig T. Peterson, Deputy Davis County Attorney, and Melvin C. Wilson, Davis County Attorney, Farmington, for Appellee.

Before BILLINGS, Associate P.J., and BENCH and THORNE, JJ.

OPINION

BILLINGS, Associate Presiding Judge:

¶ 1 Defendant Tomas Rojas-Martinez appeals the trial court's order denying his motion to withdraw his guilty plea of sexual battery, a class A misdemeanor under Utah Code Ann. § 76-9-702 (Supp.2002).1 We reverse and remand.

BACKGROUND

¶ 2 In May 2002, Defendant was charged with one count of sexual battery, a class A misdemeanor, in violation of Utah...

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