Perez-Llamas v. Utah Court of Appeals

2005 UT 18, 110 P.3d 706 (2005)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

Perez-Llamas v. Utah Court of Appeals

Utah Supreme Court
2005 UT 18, 110 P.3d 706 (2005)

  • Written by Heather Whittemore, JD

Facts

Luis Perez-Llamas (defendant) was arrested after a police officer discovered marijuana hidden in a tire in his vehicle. Perez-Llamas pleaded guilty to possession with intent to distribute a controlled substance. On the day that Perez-Llamas was sentenced to a year in jail, he filed an application for a certificate of probable cause with the state district court. The district court denied the application, and Perez-Llamas appealed to the court of appeals. The Utah government filed a response, and seven days later the court of appeals denied the application. Perez-Llamas filed a petition for extraordinary relief from the Utah Supreme Court, asking the court to order the court of appeals to provide him with a hearing pursuant to Utah Rule of Criminal Procedure 27(e). Rule 27(e) provided that if a criminal defendant filed an application for a certificate of probable cause with a court, the court must hold a hearing on the application within 15 days or, if the state opposed the motion, within 10 days of the opposition. Perez-Llamas argued that the court of appeals did not satisfy the hearing requirement stated in Rule 27(e), because it did not give him an opportunity to present an oral argument in favor of his application.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership