(Download) "State V. Labrum" by Supreme Court Of Utah * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Labrum
- Author : Supreme Court Of Utah
- Release Date : January 25, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This case is here on a writ of certiorari to review a Court of Appeals ruling affirming a gang sentence enhancement imposed on Troy Labrum after his conviction for attempted criminal homicide, a second degree felony. See State v. Labrum, 881 P.2d 900 (Ct.App. 1994), cert. granted, 892 P.2d 13 (Utah 1995). Labrum asserted in the Court of Appeals that the trial court erred in not entering written findings of fact in imposing a six-year "gang" sentence enhancement. Although the Court of Appeals found that the trial court had failed to make the findings required by the gang enhancement statute, it nevertheless held that Labrum's failure to object to the absence of written findings constituted a waiver of his right to raise that issue on appeal. We hold that the trial court's failure to enter the written findings of fact as required by the gang sentence enhancement statute was plain error and that the Court of Appeals erred in not addressing the issue notwithstanding defendant's failure to object in the trial court.
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