Perea v. State
397 P.3d 770
Utah Ct. App.2017Background
- Perea was convicted in 2010 of two counts of aggravated murder and two counts of attempted murder, receiving life without parole for each aggravated murder and 3 years to life for each attempted murder.
- The Utah Supreme Court affirmed the convictions in State v. Perea, 2013 UT 68, 322 P.3d 624.
- Perea filed a district-court petition for postconviction relief, which the court summarily dismissed on January 12, 2015 as previously adjudicated on direct appeal.
- Perea timely appealed the dismissal; the appeal record also included a Rule 60(b) motion filed during the pendency of the appeal.
- While the appeal was pending, the court stayed and remanded for a ruling on the Rule 60(b) motion, which the district court denied on October 16, 2015.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the postconviction petition was properly dismissed as previously adjudicated | Perea argued for relief; claims already adjudicated foreclose relief | State contends claims were previously adjudicated on direct appeal | Yes; dismissal affirmed—the claims were adjudicated on direct appeal |
| Whether the denial of Rule 60(b) relief is reviewable in this appeal | Perea sought review of the Rule 60(b) denial within the same appeal | State asserts Rule 60(b) rulings are separate and require a new appeal | No jurisdiction to review the Rule 60(b) denial in this appeal |
Key Cases Cited
- State v. Perea, 2013 UT 68, 322 P.3d 624 (Utah Supreme Court 2013) (affirmed conviction on direct appeal; framework for later collateral challenges)
- Reynolds v. Woodall, 2012 UT App 206, 285 P.3d 7 (Utah App. 2012) (affirmed trial court’s dismissal where appellant failed to brief related issue)
- Dennett v. Ferber, 2013 UT App 209, 309 P.3d 313 (Utah App. 2013) (separate appeal required for Rule 60(b) rulings; no jurisdiction otherwise)