Convicted:
1989, 1993,
LDS positions: Elders Quorum President,
During crime: elders qurum president, - LDS mission:
Italy - Italy
Alleged:
2,
Alleged crime scenes:
home, temple,
Criminal case(s): Convicted, Pleaded guilty,
Alleged church actions: Church officials accused of failure to warn ward members, No church discipline, nothing, Ward official accused of pressuring victim not to seek accountability,
updated Feb 10, 2026 - request update | add info
Daniel Dale Nelson was a Mormon church member in Bountiful, Utah. During the 1980s Nelson attended the Bountiful Orchard 2nd Ward, according a person familiar with Nelson’s life. Nelson was convicted twice of sex crimes. He was also charged with failure to register as a sex offender and pleaded guilty, but the plea was held in abeyance. Later, a protective order was issued against him. Here are the details:
In 1989 Nelson pleaded guilty to:
-one class B misdemeanor Lewdness
-one Class A misdemeanor count of Lewdness involving a child
-one class B misdemeanor Lewdness (dismissed)
In 1993 he pleaded guilty to:
-attempted forcible sexual abuse/amended (original charge aggravated sexual abuse of a child)
-attempted forcible sexual abuse/amended (original charge aggravated sexual abuse of a child)
In 2004 pleaded guilty to:
-failure to register as a sex offender/held in abeyance
In September 2019:
-a protective order was issued against Nelson. Those notes recorded sexual violence protective order.
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Sources
- STATE OF UTAH vs. DANIEL DALE NELSON (CASE NUMBER 931700353 State Felony),
- STATE OF UTAH vs. DANIEL DALE NELSON (CASE NUMBER 931000289 State Felony),
- STATE OF UTAH vs. DANIEL DALE NELSON (CASE NUMBER 891000334 State Felony),
- [REDACTED] vs. DANIEL DALE NELSON (CASE NUMBER 194500301 Protective Orders/granted/same petitioner as case 194500201),
- [REDACTED vs. DANIEL DALE NELSON (CASE NUMBER 194500201 Protective Orders/civil stalking/dismissed/same petitioner as case 194500301/birth year typed wrong year 1964),
- STATE OF UTAH vs. DANIEL DALE NELSON (CASE NUMBER 041500325 Other Misdemeanor/Sex offender registration),
-
1. STATE OF UTAH vs. DANIEL DALE NELSON (CASE NUMBER 931700353 State Felony)
SECOND JUDICIAL DISTRICT - FARMINGTON DISTRICT COURT
DAVIS COUNTY, STATE OF UTAH
STATE OF UTAH vs. DANIEL DALE NELSON
CASE NUMBER 931700353 State Felony
CHARGESCharge 1 - 76-5-404 - ATTEMPTED - FORCIBLE SEX ABUSE - Class A Misdemeanor
Offense Date: July 01, 1988
Plea: August 10, 1993 Guilty
Disposition: April 27, 1999 402 AmendedCharge 2 - 76-5-404 - ATTEMPTED - FORCIBLE SEX ABUSE - Class A Misdemeanor
Offense Date: July 01, 1988
Plea: August 10, 1993 Guilty
Disposition: April 27, 1999 402 Amended02-09-2026 10:00 PM Page 4 of
CASE NUMBER: 931700353 State Felony5
State does not object to the reduction.
Court grants the motion to reduce one degree.
granted.
Charge severity decreased from to.
04-27-1999 Charge 1 Disposition is 402 Amended
04-27-1999 Charge 2 Disposition is 402 Amended -
2. STATE OF UTAH vs. DANIEL DALE NELSON (CASE NUMBER 931000289 State Felony)
SECOND JUDICIAL DISTRICT - BOUNTIFUL DISTRICT COURT
DAVIS COUNTY, STATE OF UTAH
STATE OF UTAH vs. DANIEL DALE NELSON
CASE NUMBER 931000289 State Felony
CHARGESCharge 1 - 76-5-404.1(2) - AGGRAVATED SEX ABUSE OF A CHILD - 1st Degree Felony
Offense Date: July 01, 1988
Disposition: July 15, 1993 Bound Over DistrictCharge 2 - 76-5-404.1(2) - AGGRAVATED SEX ABUSE OF A CHILD - 1st Degree Felony
Offense Date: July 01, 1988
Disposition: July 15, 1993 Bound Over District07-15-1993 Note: COURT ORDERS THE MATTER BOUND OVER TO THE DISTRICT COURT
07-15-1993 Note: ARR IS SCHEDULED AT THE DISTRICT COURT ON AUGUST 10, 1993AT
07-15-1993 Note: 1:30 P.M. BEFORE JUDGE PAGE./STATE FILES 2ND AMENDED INFORMATION
07-15-1993 Note: DEF WAIVES FORMAL ARRAIGNMENT ON THE SECOND AMENDED INFORMATION
07-15-1993 Note: Entered case disposition of: Transferred
07-15-1993 Note: Chrg: 76-5-404.1(2) Find: Bound Over District -
3. STATE OF UTAH vs. DANIEL DALE NELSON (CASE NUMBER 891000334 State Felony)
SECOND JUDICIAL DISTRICT - BOUNTIFUL DISTRICT COURT
DAVIS COUNTY, STATE OF UTAH
STATE OF UTAH vs. DANIEL DALE NELSON
CASE NUMBER 891000334 State Felony
CHARGESCharge 1 - 76-9-702 - LEWDNESS - Class B Misdemeanor
Offense Date: January 01, 1987
Plea: January 24, 1990 Guilty
Disposition: January 24, 1990 {Guilty Plea}Charge 2 - 76-9-702 - LEWDNESS - Class B Misdemeanor
Offense Date: January 01, 1987
Disposition: January 24, 1990 Dismissed (w/o prej)Charge 3 - 76-9-702.5 - LEWDNESS INVOLVING A CHILD - Class A Misdemeanor
Offense Date: January 01, 1987
Attributes: Child.
Plea: January 24, 1990 Guilty
Disposition: January 24, 1990 {Guilty Plea}06-28-1991 Warrant Issued on: June 28, 1991 Warrant Num: 911000443 No Bail
Judge S. MARK JOHNSON
Issue Reason: The defendant failed to comply with the terms of probation as alleged in the Order to Show Cause.
06-28-1991 Note: FILED AFFIDAVIT FROM PROBATION REQUESTING WARRANT
06-28-1991 Note: NO BAIL, FORTHWITH WARRANT. COURT TO MAKE ARRANGEMENTS FOR
06-28-1991 Note: TRANSPORTATION OF PRISONER FROM CEDAR CITY.
07-02-1991 Note: TRANSPORTATION ARR HAVE BEEN MADE PER SHARON. DEFT IN IRON
07-02-1991 Note: CTY JAIL.
07-09-1991 Warrant Recalled on : July 09, 1991 Warrant Num: 911000443 No Bail
Recall Reason: Defendant appeared before the Court
07-09-1991 Note: 0663 COURT READ ALLEGATION #1 TO WHICH DEFT DID NOT RESIST
07-09-1991 Note: COURT READ ALLEGATION #2 TO WHICH DEFT DID NOT RESIST
07-09-1991 Note: 0687 COURT RULED THAT SINCE THE ALLEGATIONS ARE NOT RESISTED -
07-09-1991 Note: COURT REVOKED DEFT PROBATION07-09-1991 Note: 0792 COURT REINSTATED PROBATION FOR THE REMAINDER OF THE30
07-09-1991 Note: MONTHS FROM 4/14 - DEFT IS TO CONTINUE PROGRAM WITH I.S.A.T.
07-09-1991 Note: 0851 STATE ADDRESSED COURT ON THEIR CONCERNS IN THE DIFFERENCE
07-09-1991 Note: OF THE REPORT ON DEFENDANTS PROGRESS BETWEEN DEFT ANDI.S.A.T.
07-09-1991 Note: AND REQUESTS FOR CONTINUANCE PENDING REPORT FROM PROBATION
07-09-1991 Note: OFFICER AND I.S.A.T. COURT GRANTS MOTION
07-09-1991 Note: 0879 COURT RESERVES THE RIGHT TO IMPOSE 90 DAYS IN JAIL UPON -
4. [REDACTED] vs. DANIEL DALE NELSON (CASE NUMBER 194500301 Protective Orders/granted/same petitioner as case 194500201)
FIFTH JUDICIAL DISTRICT - CEDAR DISTRICT COURT
IRON COUNTY, STATE OF UTAH
MELISSA FRITZ vs. DANIEL DALE NELSON
CASE NUMBER 194500301 Protective Orders **** PRIVATE ****
CURRENT ASSIGNED JUDGE
MATTHEW L BELL
PARTIES
Petitioner - [REDACTED]
Respondent - DANIEL DALE NELSONPROCEEDINGS
09-18-2019 **** PRIVATE **** Filed: Petition
09-18-2019 Judge MATTHEW L BELL assigned.
09-18-2019 **** PRIVATE **** Filed: Request for Protective Order
09-18-2019 **** PRIVATE **** Filed: Request for Sexual Violence ProtectiveOrder (Part 1)
09-18-2019 **** PRIVATE **** Filed: Request for Sexual Violence Protective Order (Part 2)
09-18-2019 **** PRIVATE **** Filed: Request for Sexual Violence Protective Order (Part 3)
09-18-2019 **** PRIVATE **** Filed: PROPOSED Temporary Sexual Violence Protective Order
09-18-2019 **** PRIVATE **** Filed: PROPOSED Notice of Hearing
09-18-2019 Filed protective order: Temporary Sexual Violence Protective Order09-18-2019 Filed protective order: Amended Temporary Sexual Violence Protective Order
Judge MATTHEW L BELL12-05-2019 Minute Entry - PROTECTIVE ORDER EVIDENTIARY
Judge: MATTHEW L BELL
Clerk: annaod
PRESENT
Petitioner's Attorney: STEPHANIE LARGE
Petitioner(s): [REDACTED]
Attorney for the Respondent: DANIEL TOBLER
Respondent(s): DANIEL DALE NELSON
Audio
Tape Number: cedcrt1 Tape Count: 12:11-12:19
02-09-2026 10:09 PM Page 2 of
CASE NUMBER: 194500301 Protective Orders **** PRIVATE ****3
HEARING
The matter is before the Court for a Protective Order evidentiary hearing.
The matter is being heard in conjunction with case190500110.
The parties have reached an agreement. Respondent to stipulate to the Protective Order, with the condition that the no weapon clause be omitted.
The Court grants the Protective Order, and parties are served a copy of the Protective Order in open court.
12-23-2019 **** PRIVATE **** Filed: Notice of Withdrawal of Counsel for petitioner -
5. [REDACTED vs. DANIEL DALE NELSON (CASE NUMBER 194500201 Protective Orders/civil stalking/dismissed/same petitioner as case 194500301/birth year typed wrong year 1964)
FIFTH JUDICIAL DISTRICT - CEDAR DISTRICT COURT
IRON COUNTY, STATE OF UTAH
[REDACTED vs. DANIEL DALE NELSON
CASE NUMBER 194500201 Protective Orders **** PRIVATE ****
CURRENT ASSIGNED JUDGE
MATTHEW L BELL
PARTIES
Petitioner - [REDACTED]
Respondent - DANIEL DALE NELSON
Represented by: DANIEL TOBLER08-13-2019 Minute Entry - PROTECTIVE ORDER EVIDENTIARY
Judge: MATTHEW L BELL
Clerk: annaod
PRESENT
Petitioner(s): [REDACTED]
Attorney for the Respondent: DANIEL TOBLER
Respondent(s): DANIEL DALE NELSON
Audio
Tape Number: cedcrt2 Tape Count: 2:10-2:39
HEARING
The matter comes before the Court for a protective order evidentiary hearing. Parties are ready to proceed with evidence.
The Court tells the petitioner she will have the burden of proof.
Mr. Tobler raises questions about cohabitation and refers to rule 78B-7-102. Mr. Tobler argues that there was no cohabitation between the petitioner and respondent due tot he petitioner being a minor at the time they resided int he same house.
The Court finds that there was lack of cohabitation between the petitioner and respondent. Therefore the ex parte protective order is dismissed.
08-13-2019 Case Disposition is Dismissed
Disposition Judge is MATTHEW L BELL
08-16-2019 Filed order: PROTECTIVE ORDER EVIDENTIARY
Judge MATTHEW L BELL
Signed August 16, 2019 -
6. STATE OF UTAH vs. DANIEL DALE NELSON (CASE NUMBER 041500325 Other Misdemeanor/Sex offender registration)
FIFTH JUDICIAL DISTRICT - CEDAR DISTRICT COURT
IRON COUNTY, STATE OF UTAH
STATE OF UTAH vs. DANIEL DALE NELSON
CASE NUMBER 041500325 Other Misdemeanor
CHARGESCharge 1 - 77-27-21.5 - SEX OFFENDER REGISTRATION - Class A Misdemeanor
Offense Date: June 15, 2004
Plea: July 01, 2004 Not Guilty
Disposition: May 18, 2005 Plea in abeyanceCASE NOTE
AP&P Case No. 04-1053
PROCEEDINGS
06-18-2004 Judge G MICHAEL WESTFALL assigned.
06-18-2004 Filed: Information (no summons or warrant attached)
06-18-2004 Filed: Undertaking of Bail
06-18-2004 Bond Account created Total Due: 1,882.00
06-18-2004 Bond Posted Non-Monetary Bond: 1,882.00
06-18-2004 Note: Address changed from
06-18-2004 Note: Address changed to 640 West 1425 North Cedar City UT84720
06-18-2004 Case filed by vickiek
06-18-2004 Filed: From an Information
06-22-2004 ARRAIGNMENT scheduled on July 01, 2004 at 01:15 PM in WESTCOURTROOM with Judge G MICHAEL WESTFALL
06-22-2004 Note: Defendant called to schedule arraignment
07-01-2004 Minute Entry - Minutes for Arraignment
Judge: G MICHAEL WESTFALL
PRESENT
Clerk: tammyc
Defendant Present
Agency: Fifth District Court
Video
Tape Number: 070104 Tape Count: 2:20 p.m.
ARRAIGNMENT
A copy of the Information is given to the defendant.
Defendant waives reading of Information.
Advised of rights and penalties.
The defendant is advised of right to counsel.
Defendant is arraigned.
The Defendant has hired his own attorney. Bail that was posted is to continue. Judge Westfall's name is drawn to handle the Trial. The Defendant's address is verified and is correct.
07-06-2004 NOTICE for Case 041500325 ID 1817490
Judge: G MICHAEL WESTFALL
BENCH TRIAL is scheduled.
Date: 08/04/2004
Time: 03:00 p.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
07-06-2004 BENCH TRIAL scheduled on August 04, 2004 at 03:00 PM in WESTCOURTROOM with Judge G MICHAEL WESTFALL
08-04-2004 Minute Entry - Minutes for IN COURT NOTE
Judge: G MICHAEL WESTFALL
PRESENT
Clerk: erlenea
Defendant not present
02-09-2026 10:16 PM Page 2 of
CASE NUMBER: 041500325 Other Misdemeanor11
Video
Tape Number: 08/04/2004 Tape Count: 2:56
Mr Steed presents the Court with a Stipulated Motion to Continue, as Mr Jackson is new on the case. The Court executes the Order, and the matter will be re-set.
08-04-2004 Note: IN COURT NOTE minutes modified.
08-04-2004 Filed: Motion to Continue Bench Trial
08-04-2004 Filed order: Order to Continue Bench Trial
Judge G MICHAEL WESTFALL
Signed August 04, 2004
08-04-2004 Filed: Request for Bill of Particulars
08-04-2004 Filed: Entry of Appearance, Plea of Not Guilty, Request for Jury Trial
08-05-2004 NOTICE for Case 041500325 ID 1839365
Judge: G MICHAEL WESTFALL
BENCH TRIAL is scheduled.
Date: 09/22/2004
Time: 02:00 p.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
08-05-2004 Cancelled: BENCH TRIAL scheduled on September 22, 2004 at 02:00PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
08-05-2004 Filed: State's Response to Defendant's Discovery Request
08-10-2004 Cancelled: BENCH TRIAL scheduled on September 22, 2004 at 02:00PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
Reason: Demand for Jury Trial Filed
08-10-2004 STATUS HEARING scheduled on November 30, 2004 at 01:33 PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
08-10-2004 NOTICE for Case 041500325 ID 1842327
Judge: G MICHAEL WESTFALL
STATUS HEARING is scheduled.
Date: 11/30/2004
Time: 01:30 p.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
JURY TRIAL.
Date: 12/09/2004
Time: 09:00 a.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
08-10-2004 Cancelled: JURY TRIAL scheduled on December 09, 2004 at 09:00AM in WEST COURTROOM with Judge G MICHAEL WESTFALL
08-10-2004 Note: STATUS HEARING calendar modified. Hearing time changed from 1:30 PM to 01:33 PM. Appearance on 11/30/2004. Reason:Wrong Hearing Time
02-09-2026 10:16 PM Page 3 of
CASE NUMBER: 041500325 Other Misdemeanor11
08-12-2004 Filed: Certificte of Mailing of Notice of Status Hearing and Jury Trial
11-30-2004 Minute Entry - Minutes for STATUS HEARING
Judge: G MICHAEL WESTFALL
PRESENT
Clerk: tammyc
Prosecutor: TROY LITTLE
Defendant Present
Defendant's Attorney(s): J BRYAN JACKSON
Agency: Fifth District Court
Video
Tape Number: 113004 Tape Count: 2:41 p.m.
HEARING
TAPE: 113004 COUNT: 2:41 p.m.
On record. Mr. Jackson states he has a Jury Trial scheduled in Sevier County on the date this Jury Trial iss cheduled. Mr. Jackson requests that the Jury Trial in this case be vacated.
The Jury Trial is vacated; to be re-set by the clerk. The Defendant's other case #041500352 is ordered consolidated into Case #041500325.
Off record. A copy of the Minutes were given to Gwen for scheduling.
12-01-2004 Cancelled: JURY TRIAL scheduled on December 09, 2004 at 09:00AM in WEST COURTROOM with Judge G MICHAEL WESTFALL
Reason: Court approved continuance
12-29-2004 Note: Address changed from 640 West 1425 North Cedar City UT84720
12-29-2004 Note: Address changed to 4171 West 300 North Cedar City UT84720
01-18-2005 Filed order: State's Motion to Consolidate and Order
Judge G MICHAEL WESTFALL
Signed January 18, 2005
01-19-2005 NOTICE for Case 041500325 ID 1956859
Judge: G MICHAEL WESTFALL
STATUS HEARING is scheduled.
Date: 03/15/2005
Time: 01:30 p.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
JURY TRIAL.
Date: 03/24/2005
Time: 09:00 a.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
This case consolidated with case 031500352 for trial
01-19-2005 STATUS HEARING scheduled on March 15, 2005 at 01:33 PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
01-19-2005 Cancelled: JURY TRIAL scheduled on March 24, 2005 at 09:00 AM
02-09-2026 10:16 PM Page 4 of
CASE NUMBER: 041500325 Other Misdemeanor11
in WEST COURTROOM with Judge G MICHAEL WESTFALL
01-19-2005 Note: STATUS HEARING calendar modified. Hearing time changed from 1:30 PM to 01:33 PM. Appearance on 3/15/2005. Reason:Wrong Hearing Time
01-20-2005 Filed: Certificate of Mailing of Notice of Status Hearing and Jury Trial
03-15-2005 Minute Entry - Minutes for STATUS HEARING
Judge: G MICHAEL WESTFALL
PRESENT
Clerk: erlenea
Defendant Present
Defendant's Attorney(s): J. BRYAN JACKSON
Video
Tape Number: 03/15/2005 Tape Count: 1:45
HEARING
TAPE: 03/15/2005 COUNT: 1:45
On record the trial will go forward, but Mr Jackson is not available on the 24th. The Jury Trial is vacated, and the matter is referred to the Clerk of the Court to re-scheduleand provide Notice. (1:47) Off record. Copy of Minutes to Gwen to schedule.
03-15-2005 Cancelled: JURY TRIAL scheduled on March 24, 2005 at 09:00 AM in WEST COURTROOM with Judge G MICHAEL WESTFALL
Reason: Conflict in attorney schedule
03-15-2005 Minute Entry - Minutes for STATUS HEARING
Defendant's Attorney(s): J. BRYAN JACKSON
HEARING
TAPE: 03/15/2005 COUNT: 1:45
On record the Defendant is present with Counsel. Mr Jackson asks the Jury Trial be vacated as he will be unavailable on 3/24/2005. The matter is to be re-set by the Clerk with Notice. (1:47) Off record. Copy of Minuteto Gwen for scheduling.
03-16-2005 STATUS CONFERENCE scheduled on April 05, 2005 at 01:33 PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
03-16-2005 NOTICE for Case 041500325 ID 9012736
Judge: G MICHAEL WESTFALL
STATUS CONFERENCE is scheduled.
Date: 04/05/2005
Time: 01:30 p.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
JURY TRIAL.
Date: 04/14/2005
Time: 09:00 a.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
03-16-2005 Cancelled: JURY TRIAL scheduled on April 14, 2005 at 09:00 AMin WEST COURTROOM with Judge G MICHAEL WESTFALL
03-16-2005 Filed: Certificate of Mailing
02-09-2026 10:16 PM Page 5 of
CASE NUMBER: 041500325 Other Misdemeanor11
03-30-2005 Note: STATUS CONFERENCE calendar modified. Hearing time changed from 1:30 PM to 01:33 PM. Appearance on 4/5/2005.Reason: Wrong Hearing Time
04-05-2005 Cancelled: JURY TRIAL scheduled on April 14, 2005 at 09:00 AMin WEST COURTROOM with Judge G MICHAEL WESTFALL
Reason: Hearing no longer required.
04-05-2005 REVIEW HEARING scheduled on April 12, 2005 at 01:35 PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
04-05-2005 Minute Entry - Minutes for STATUS CONFERENCE
Judge: G MICHAEL WESTFALL
PRESENT
Clerk: vickiek
Prosecutor: TROY A LITTLE
Defendant Present
Defendant's Attorney(s): J. BRYAN JACKSON
Video
Tape Number: 4-5-2005 Tape Count: 2:26 pm
HEARING
TAPE: 4-5-2005 COUNT: 2:26 pm
On record parties are prepared to go forward with trial,however Mr. Jackson requests this case be consolidated into case #041500352 for trial. The jury trial is to be vacated and parties will proceeded with a one day bench trial. The Court orders the
jury trial to be vacated and a bench trial set. (3:43 pm)There are other cases set for jury trial on the same day as this case. If they go off, this case can proceed to the bench trial on the date currently set. This case is set asthe 3rd priority on
the 4-14-05 trial calendar. A review hearing to be set on4-12-05 at 1:30 pm.
REVIEW HEARING is scheduled.
Date: 04/12/2005
Time: 01:35 p.m.
Location: Juvenile CR
Before Judge: G MICHAEL WESTFALL
CITY HALL OF JUSTICE
40 NORTH 100 EAST
CEDAR CITY, UT 84720
04-07-2005 Note: REVIEW HEARING calendar modified.
04-12-2005 Minute Entry - Minutes for REVIEW HEARING
Judge: G MICHAEL WESTFALL
PRESENT
Clerk: kathylh
Prosecutor: BRIAN C STEED
Defendant Present
Defendant's Attorney(s): J. BRYAN JACKSON
Video
Tape Number: 4/12/05 Tape Count: 2:34
HEARING
TAPE: 4/12/05 COUNT: 2:34
On record counsel stipulate to vacate the trial setting on April 14, 2005. The clerk is to set a 1/2 day and notice all parties.
04-13-2005 NOTICE for Case 041500325 ID 9036627
Judge: G MICHAEL WESTFALL
02-09-2026 10:16 PM Page 6 of
CASE NUMBER: 041500325 Other Misdemeanor11
BENCH TRIAL is scheduled.
Date: 06/08/2005
Time: 01:30 p.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
04-13-2005 Cancelled: BENCH TRIAL scheduled on June 08, 2005 at 01:30 PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
04-14-2005 NOTICE for Case 041500325 ID 9037642
Judge: G MICHAEL WESTFALL
BENCH TRIAL.
Date: 05/18/2005
Time: 01:30 p.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
The reason for the change is Plaintiff requested continuance
This bench trial set for 6/8/05 at 1:30 p.m. is being moved to the date and time above at the request of the County Attorney. Defendant's other case is set for 5/18/05 and the same witnesses who are out of state are involved in both cases.
It is the County Attorney's request that both cases be heard at the same time.
04-14-2005 Rescheduled: BENCH TRIAL rescheduled to May 18, 2005 at 01:30PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
04-19-2005 Filed: Certificate of Mailing of Notice of Bench Trial
05-18-2005 Minute Entry - Minutes for PLEA IN ABEYANCE HEARING
Judge: G MICHAEL WESTFALL
PRESENT
Clerk: tammyc
Prosecutor: BRIAN C STEED
Defendant Present
Defendant's Attorney(s): J. BRYAN JACKSON
Agency: Fifth District Court
Video
Tape Number: 051805 Tape Count: 2:29 p.m.
HEARING
TAPE: 051805 COUNT: 2:29 p.m.
On record. Counsel explain to the judge, off the record,regarding the reason for the Plea in Abeyance. The Court notes on the record that this case has unusual circumstances.
Counsel note, on the record, that the Defendant believed he was following the law, but he had been given inaccurate information and codes were listed wrong. Therefore, they are doing a Plea in Abeyance.
The Defendant has received a copy of the Information and waives reading of it. The Defendant pleads guilty to the charge. The period of the Plea in Abeyance is 12 months,supervised by AP&P. The following are conditions of the Plea in Abeyance:
02-09-2026 10:16 PM Page 7 of
CASE NUMBER: 041500325 Other Misdemeanor11
1. Obey all laws.
2. Sign the agreement with Adult Probation and Parole.
3. Serve 2 days in the Iron County Jail beginning 6/24/05at 7:00 p.m., or if included in the Order, the Defendant may begin serving on 7/1/05 at 7:00 p.m. instead. The Defendant is to report on 6/24/05, unless stated other wisein the order.
4. Pay a $500 fee at the rate of $100 per month, with the1st payment due on or before 7/1/05 and each additional payment is due by the 1st of each month thereafter.
Mr. Steed to prepare the Order.
05-18-2005 Charge 1 Disposition is Plea in abeyance
05-18-2005 Filed: Defendant Information Sheet
05-19-2005 Note: PLEA IN ABEYANCE HEARING minutes modified.
06-09-2005 Filed: Received: Protected Progress/Violation Report(copy toCOA)
06-17-2005 Filed: Letter from Defendant
06-28-2005 NOTICE for Case 041500325 ID 9096721
Judge: G MICHAEL WESTFALL
REVIEW HEARING is scheduled.
Date: 07/05/2005
Time: 01:30 p.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
06-28-2005 Cancelled: REVIEW HEARING scheduled on July 05, 2005 at 01:30PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
06-28-2005 REVIEW HEARING scheduled on July 05, 2005 at 01:35 PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
06-28-2005 Cancelled: REVIEW HEARING scheduled on July 05, 2005 at 01:35PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
06-28-2005 Note: REVIEW HEARING calendar modified. Hearing time changedf rom 1:30 PM to 01:35 PM. Appearance on 7/5/2005. Reason:Wrong Hearing Time
07-05-2005 REVIEW HEARING scheduled on July 26, 2005 at 01:35 PM in WEST COURTROOM with Judge G MICHAEL WESTFALL
07-05-2005 Minute Entry - Minutes for REVIEW HEARING
Judge: G MICHAEL WESTFALL
PRESENT
Clerk: kathylh
Prosecutor: TROY A LITTLE
Defendant Present
Defendant's Attorney(s): J. BRYAN JACKSON
Video
Tape Number: 7/5/05 Tape Count: 3:41, 5:10
HEARING
TAPE: 7/5/05 COUNT: 3:41, 5:10
On record counsel stipulate to continue this hearing to7/26/05 at 1:35 p.m. and the Court so orders.
REVIEW HEARING.
Date: 07/26/2005
Time: 01:35 p.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
02-09-2026 10:16 PM Page 8 of
CASE NUMBER: 041500325 Other Misdemeanor11
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
07-26-2005 Minute Entry - Minutes for Review Hearing
Judge: G MICHAEL WESTFALL
PRESENT
Clerk: tammyc
Prosecutor: K. ADAM CHRISTIAN, JR.
Defendant not present
Defendant's Attorney(s): J. BRYAN JACKSON
Agency: Fifth District Court
Video
Tape Number: 072605 Tape Count: 2:36 p.m.
HEARING
TAPE: 072605 COUNT: 2:36 p.m.
On record. Mr. Jackson explains to the Court that this case was scheduled on the Defendant's Motion to withdraw his plea. However, the Defendant is ill today but still intends on withdrawing his plea.
Mr. Jackson is satisfied with the Court just reviewing the tape of the Plea in Abeyance Hearing to determine if theDefendant should be allowed to withdraw his plea. Thestate objects to the Defendant withdrawing his plea.
A hearing on the Defendant's motion to withdraw his plea is scheduled for 8/4/05 at 9:00 a.m. Mr. Jackson is to inform the Defendant that, even though he has filed the request to withdraw his plea, he is still ordered to comply with the previous order.
The clerk is to remind the judge to listen to the tape prior to the hearing.
Both attorneys were present in court when hearing was scheduled, so notice will not be sent out.
DEF'S. MOTION TO W/D PLEA is scheduled.
Date: 08/04/2005
Time: 09:00 a.m.
Location: Room 1
Before Judge: G MICHAEL WESTFALL
DISTRICT COURT BUILDING
40 NORTH 100 EAST
CEDAR CITY, UT 84720
08-02-2005 NOTICE for Case 041500325 ID 9122473
08-02-2005 DEF'S. MOTION TO W/D PLEA scheduled on August 04, 2005 at 09:00AM in WEST COURTROOM with Judge G MICHAEL WESTFALL
08-04-2005 Minute Entry - Minutes for DEF'S MOTION TO W/D PLEA
Judge: G MICHAEL WESTFALL
PRESENT
Clerk: tammyc
Prosecutor: GLENN D HALTERMAN
Defendant Present
Defendant's Attorney(s): J. BRYAN JACKSON
Agency: Fifth District Court
Video
Tape Number: 080405 Tape Count: 9:02 a.m.
HEARING
TAPE: 080405 COUNT: 9:02 a.m.
02-09-2026 10:16 PM Page 9 of
CASE NUMBER: 041500325 Other Misdemeanor11
On record. This case is placed on 2nd call, as the Defendant and Mr. Jackson are not present. Mr. Halterman will contact Mr. Jackson.
COUNT: 9:39am
The case is re-called, but is placed on 3rd call.
COUNT: 10:00a
The case is re-called. Mr. Jackson explains the status of the case.
COUNT: 10:04a
Mr. Halterman makes opening statements.
COUNT: 10:06a
The Defendant is sworn and testifies.
Mr. Halterman makes closing arguments. Mr. Jackson makes closing arguments.
COUNT: 10:22a
Mr. Halterman makes rebuttal statements.
The Court states its findings of the record. The Defendant's Request/Motion to Withdraw Plea is denied. Mr. Halterman to prepare an Order for the Court's signature.
Mr. Jackson requests that the Defendant be given an opportunity to purge the contempt citation by complying with the Court's order.
The Court notes that the Minute Entry from 5/18/05 does not indicate that a plea in abeyance fee was ordered. Mr. Halterman states when he listened to the tape of that hearing, it did mention that a $500 fee was to be paid at the rate of $100/month.
The Court notes that Mr. Steed was asked to prepare the Plea in Abeyance Order from 5/18/05, but it has not been done.
Mr. Halterman is to prepare an order for that date and submit it to Mr. Jackson for approval. Mr. Jackson will then have 10 days to submit an objection. If no objection is submitted, then the Court will sign.
The Defendant is ordered to serve 48 hours in the Iron County Jail beginning Friday, August 5, 2005 at 6:00 p.m.The Defendant is to be released on Sunday, August 7, 2005at 6:00 p.m.
This Minute Entry to be signed by the judge and faxed to the jail.
PLEA IN ABEYANCE
Defendant's plea is held in abeyance.
PLEA IN ABEYANCE ADDITIONAL CONDITIONS
1. Obey all laws including State, Federal and Community;
2. Serve two days in Iron County Correctional Facility;
3. Pay Court fee of $500 at the rate of minimum of $100per month beginning September 1, 2005 and continuing on the1st day of each month thereafter until paid in full.
Tracking review date for Plea in Abeyance: 05/18/2006
08-04-2005 Note: PLEA IN ABEYANCE HEARING minutes modified.
08-09-2005 Filed: Received: Protected Progress/Violation Report
08-19-2005 Filed order: Findings of Fact and Order on Motion to Withdraw Plea
Judge G MICHAEL WESTFALL
Signed August 19, 2005
09-12-2005 Filed: Verification from Iron County Jail of 2 days served
11-30-2005 Bond Exonerated -1,882.00
04-20-2006 Filed order: Statement of Defendant in Support of Guilty Plea,Stipulation for Plea in Abeyance, Certificate of Counsel and
02-09-2026 10:16 PM Page 10 of
CASE NUMBER: 041500325 Other Misdemeanor11
Order
Judge G MICHAEL WESTFALL
Signed April 20, 2006
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