Mark Stewart Allen appeared by video Nov. 3 in Fourth District Court in Provo to be arraigned on a stalking charge, a third-degree felony. Judge Ludden told Allen the offense carries a potential sentence of up to 0 to 5 years in state prison and a possible $5,000 fine.
Allen told the court he could not afford private counsel and asked the judge to appoint a public defender, saying, "I've spent $40,000. I've lost my job," and asking the court to "please assign me" a public defender. Judge Ludden replied, "Based on the information you've provided, I am going to appoint counsel to represent you," and directed Allen to contact the Utah County public defender's office and the appearing attorney (Mr. Jacobson) to arrange an appointment.
The state asked the court to enter a no-contact order concerning the alleged victim; the prosecutor said the order had been filed with the court. Judge Ludden explained the restriction to Allen, saying he was not allowed to contact the alleged victim "in any form or fashion," including by tag, email or through a third party. Allen said he understood and stated he had "no desire to contact her," adding he wanted to "stay a thousand miles away from her." Laurie Hobbs, who appeared on behalf of the victim, confirmed the no-contact order was in place and said "Miss Johnson took care of all of that."
The court recorded identifying information for Allen (an address given as 1672 West 630 North, an email provided as markstewartallen@gmail.com and a cell phone number ending in 6700) and confirmed his date of birth on the record. Judge Ludden reset the case for a further appearance on Dec. 1 at 1:00 p.m. and told Allen to contact the public defender's office at (801) 852-1070 to schedule representation and discuss the case.
No formal plea was recorded at the hearing. The court's immediate actions were the appointment of counsel, confirmation of a no-contact order filed by the state, and the setting of the next court date.