Wilcock v. South Salt Lake City , 359 P.3d 1264 ( 2015 )


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    2015 UT App 226
    THE UTAH COURT OF APPEALS
    SHANE KENNETH WILCOCK,
    Appellant,
    v.
    SOUTH SALT LAKE CITY,
    Appellee.
    Per Curiam Decision
    No. 20131005-CA
    Filed September 11, 2015
    Third District Court, Salt Lake Department
    The Honorable Royal I. Hansen
    No. 130900819
    Michael P. Studebaker, Attorney for Appellant
    Sarah Elizabeth Spencer, Tanner S. Lenart, Lyn
    Creswell, and Paul H. Roberts, Attorneys
    for Appellee
    Before JUDGES J. FREDERIC VOROS JR., STEPHEN L. ROTH, and
    JOHN A. PEARCE.
    PER CURIAM:
    ¶1     Shane Kenneth Wilcock appeals the dismissal of his
    petition for post-conviction relief. We affirm.
    ¶2      Wilcock was charged with driving under the influence of
    alcohol or drugs and other offenses after a traffic stop initiated
    by Utah Highway Patrol Trooper Lisa Steed. In 2011, Wilcock
    pleaded no contest in the South Salt Lake City Justice Court to
    the charge of driving with a measurable amount of a controlled
    substance in his body, a class B misdemeanor. In 2013, Wilcock
    filed a Petition for Post-Conviction Relief seeking to have his no
    contest plea set aside. Wilcock argued that South Salt Lake City
    withheld material exculpatory evidence concerning professional
    Wilcock v. South Salt Lake City
    misconduct by Trooper Steed. Wilcock also argued that evidence
    of Trooper Steed’s misconduct was newly-discovered evidence
    that entitled him to relief under the Post-Conviction Remedies
    Act. The district court dismissed the petition, and Wilcock
    appeals.
    ¶3     This court recently resolved the same issues raised by
    Wilcock. See Monson v. Salt Lake City, 
    2015 UT App 136
    , 
    351 P.3d 821
    ; Magallanes v. South Salt Lake City, 
    2015 UT App 154
    , 
    353 P.3d 621
    . In Monson, this court concluded that the evidence of
    Trooper Steed’s misconduct was merely impeachment evidence
    and was not material exculpatory evidence. Accordingly, the city
    had no obligation to disclose the evidence prior to the no contest
    plea. See Monson, 
    2015 UT App 136
    , ¶¶ 10−11. Wilcock “has
    failed to demonstrate how the evidence of Trooper Steed’s
    misconduct constitutes more than impeachment evidence or
    demonstrates [his] factual innocence.” See Magallanes, 
    2015 UT App 154
    , ¶ 8. Similarly, Wilcock’s claim that there was an
    insufficient factual basis for the traffic stop, even assuming it
    was not waived by his no contest plea, is also based only upon
    an allegation “that Trooper Steed [was] generally untruthful”
    and depends on the same impeachment evidence raised in his
    other claims for post-conviction relief. See 
    id.
     Monson and
    Magallanes resolve all the issues raised in this appeal.
    ¶4    Affirmed.
    20131005-CA                     2                   
    2015 UT App 226
                                

Document Info

Docket Number: 20131005-CA

Citation Numbers: 2015 UT App 226, 359 P.3d 1264

Filed Date: 9/11/2015

Precedential Status: Precedential

Modified Date: 1/12/2023