State v. Helmick

In State v. Helmick, 2000 UT 70, 9 P.3d 164, the Court determined that the gang enhancement statute contemplates only one sentence being imposed, not a sentence for the underlying crime and a subsequent enhancement of that sentence. Id. In reaching this conclusion, the Court stated that the "statute expressly addresses the sentence the trial judge must impose once the gang enhancement has been found proper. Nowhere does it require the trial judge to impose a sentence first on the underlying charge, and only then on the gang enhancement. To the contrary, the statute provides that only one sentence should be imposed: an enhanced minimum sentence." Id.