State v. Gordon
In State v. Gordon, 913 P.2d 350 (Utah 1996), a criminal defendant who had been resentenced nunc pro tunc moved for a new trial on the grounds of ineffective assistance of counsel and newly discovered evidence. Id. at 353.
The Court explained that the motion for a new trial was untimely:
"The only effect of the resentencing order was to provide the defendant with another opportunity to pursue the direct appeal that he was previously denied. In other words, the defendant's resentencing merely returned him to the position he was in before his appeal was dismissed. It did not allow him another opportunity to present postconviction motions." Id. at 356 .