State v. Larocco
Cases that cite this one
2 later published cases cite this decision.
- Golden Spike Heritage Foundation v. Montgomery (Utah Ct. App. 2024)
- Swasey v. Rocky Point Ditch Co. (Utah 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Defendant was charged with the crime of theft, in violation of U.C.A., 76-6-404, and retained counsel to represent him. Following a jury verdict of guilty, defense counsel filed this appeal. Defendant has since filed an affidavit of impecuniosity, claiming that his “financial reserves are completely exhausted at this point.” Both defendant and his counsel assert that defendant qualifies for court-appointed representation. Counsel requests permission to withdraw, which request is hereby granted.
This Court is not equipped, however, to take evidence as to the veracity of defendant’s claim of impecuniosity. The case is therefore remanded to the district court for the purpose of hearing any evidence it deems appropriate to make a determination as to defendant’s ability to retain substitute counsel. In the event defendant is found to be impecunious, as alleged, the district court is directed to appoint counsel for the purpose of appeal.
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.