State v. Smith

In State v. Smith, 2005 UT 57, 122 P.3d 615, the Court held Utah Code section 76-10-504(3) to be an enhancement provision because it enhances "the penalty for the offense of carrying a concealed firearm when the offense is committed in conjunction with a crime of violence, a separate offense." Id. The Court found it relevant that the statute enumerated various levels of offenses depending on the type of weapon involved and on the circumstances in which carrying a concealed weapon occurs. Id.