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State v. Collins 2014 UT 61 , — P.3d —- (Dec. 30, 2014)

Dec 30, 2014

Defendant was convicted of murder and robbery. Several months after his conviction, he filed for reinstatement of his right to appeal pursuant to Manning v. State and Rule 4(f) of the Utah Rules of Appellate Procedure. He claimed neither counsel nor the trial court informed him of the 30-day deadline to appeal. The court held that reinstatement of the right to appeal must be based on a showing by a preponderance of the evidence that neither the court nor counsel properly advised of right to appeal, and but for that failure, the defendant would have appealed.