Substitution of prosecutor prompts continuance in State v. Mark Allen; hearing reset for March 30
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The Fourth District Court in Provo continued the waiver hearing in State v. Mark Allen (case 211401656) after counsel reported a substitution of prosecution and asked for time to prepare. The court reset the matter for March 30 at 1:00 p.m.
An attorney on the record told the court that "the Utah County attorney's office has been disqualified" and that "Carl Holland from the AG's office entered a substitution of counsel for the state, and he's here with us." The same attorney said he and the new prosecutor had discussed a continuance and "agreed to request a 6 week continuance that would put us on April 6 so that everybody can get up get up to speed." The judge proposed dates and, after counsel reported a scheduling conflict with a federal jury trial on April 6, the court and counsel agreed to move the hearing to March 30 at 1:00 p.m.
The continuance request originated from counsel to allow the substitute prosecutor time to prepare after the change in prosecuting office. The judge confirmed the new date on the record: "Let's set it on March 30 at 01:00." Counsel acknowledged the date and the proceeding concluded with the court saying, "We'll see you on that day." The transcript does not record a formal oral motion in the precise words of a mover or second; the record shows the parties jointly requested and the court set a new hearing date.
Carl Holland is identified in the record as being from the Attorney General's office; the transcript reflects his substitution in for the previously involved Utah County Attorney's Office but does not include a direct statement from Holland in this excerpt. The defendant, Mark Allen, was addressed on the record but did not speak in the segments provided.
The court did not discuss additional pretrial deadlines, discovery status, or other case management details in the provided excerpt. The next scheduled appearance is March 30 at 1:00 p.m., when parties are expected to appear so the new prosecutor can proceed with the waiver hearing as set by the court.
An attorney on the record told the court that "the Utah County attorney's office has been disqualified" and that "Carl Holland from the AG's office entered a substitution of counsel for the state, and he's here with us." The same attorney said he and the new prosecutor had discussed a continuance and "agreed to request a 6 week continuance that would put us on April 6 so that everybody can get up get up to speed." The judge proposed dates and, after counsel reported a scheduling conflict with a federal jury trial on April 6, the court and counsel agreed to move the hearing to March 30 at 1:00 p.m.
The continuance request originated from counsel to allow the substitute prosecutor time to prepare after the change in prosecuting office. The judge confirmed the new date on the record: "Let's set it on March 30 at 01:00." Counsel acknowledged the date and the proceeding concluded with the court saying, "We'll see you on that day." The transcript does not record a formal oral motion in the precise words of a mover or second; the record shows the parties jointly requested and the court set a new hearing date.
Carl Holland is identified in the record as being from the Attorney General's office; the transcript reflects his substitution in for the previously involved Utah County Attorney's Office but does not include a direct statement from Holland in this excerpt. The defendant, Mark Allen, was addressed on the record but did not speak in the segments provided.
The court did not discuss additional pretrial deadlines, discovery status, or other case management details in the provided excerpt. The next scheduled appearance is March 30 at 1:00 p.m., when parties are expected to appear so the new prosecutor can proceed with the waiver hearing as set by the court.
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