State v. Phillips, 288 P.3d 310

Two children, Brother (12) and Sister (11), lived with Defendant in a mobile home with their Mother and two younger siblings.
In December 2008, after a party, Defendant returned home intoxicated and violently assaulted Brother, repeatedly slamming him and injuring him; he also threatened and restrained Brother while demanding Mother’s location.
During the assault, Sister attempted to call Mother; Defendant directed Sister to undress, sexually assaulted and attempted to rape Sister, and threatened violence.
Police later found physical injuries to Brother, and evidence including Sister’s clothing and weapons in Defendant’s room; photographic and medical testimony corroborated Brother’s injuries.
Defendant was charged with aggravated sexual abuse of a child, attempted rape of a child, and inflicting serious physical injury on a child; defense conceding guilt on the lesser charge and trial strategy are central to the appeal; convictions and sentence were affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance: failure to enter formal guilty plea to child abuse charge	Phillips contends defense conceded but did not plead guilty	Counsel acted deficiently by not entering a plea	No deficient performance; strategic rationale supported by record
Ineffective assistance: failure to file motion to arrest judgment (Robbins-based)	Sister’s inconsistencies show inherent improbability; arrest judgment warranted	There was circumstantial evidence supporting Sister; arrest judgment futile	Inconsistent testimony did not meet Robbins standard; sufficient circumstantial evidence existed
Ineffective assistance: failure to object to sentencing comments	Prosecutor’s remarks influenced sentencing	Judge would have imposed different sentence absent remarks	No reversible error; remarks unlikely to have altered outcome; court disregarded them
Ineffective assistance: failure to clarify number of victims at sentencing	Court indicated three victims; counsel should have objected	Context shows two direct victims and possibly others; no likelihood of different result	No reversible error; no reasonable probability of different sentence

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel; performance and prejudice)
State v. Marble, 157 P.3d 371 (Utah Ct. App. 2007) (highly deferential review; possible strategic reasons for actions)
State v. Robbins, 210 P.3d 288 (Utah 2009) (inherent improbability doctrine; when arrest judgment warranted)
State v. Johnson, 784 P.2d 1135 (Utah 1989) (admissibility of related conduct as part of single criminal episode)
State v. Kelley, 1 P.3d 546 (Utah 2000) (failure to raise futile objections not ineffective assistance)
State v. Burke, 2011 UT App 168 (Utah App. 2011) (evidence of related offenses considered with surrounding facts)
State v. Bates, 784 P.2d 1126 (Utah 1989) (404(b) evidence applicability to describe state of mind)
State v. Marks, 262 P.3d 13 (Utah 2011) (child testimony may be inconsistent in sex abuse cases)
State v. Virgin, 2006 UT 29, 137 P.3d 787 (Utah 2006) (credibility of child witnesses in abuse cases)
Illinois v. Myatt, 384 N.E.2d 85 (Ill. 1979) (presumption that trial court disregards improper remarks)