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Perez-Llamas v. Utah Court of Appeals

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

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Perez-Llamas v. Utah Court of Appeals

Utah Supreme Court

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

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)

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