Tuesday , May 01, 2018 - 5:15 AM5 comments
SALT LAKE CITY — An Ogden man who claimed he had ineffective council had his appeals case thrown out by a judge Thursday.
Benjamin Brocksmith, 39, claimed his defense did not adequately represent him during his 2016 jury trial, where the jury found him guilty of two counts of driving with a measurable amount of a controlled substance, a third-degree felony.
Brocksmith was convicted of driving under the influence of marijuana on May 21, 2014, when police said he crashed his car into a 1998 Honda Accord near Wall Avenue and 24th Street in Ogden. The driver of the Honda was former Weber High School softball player Marjorie Medina, who had just graduated from high school the previous day, according to previous Standard-Examiner reporting.
Both Medina and another passenger suffered broken bones and internal injuries in the crash. A blood test later found that Brocksmith had THC in his system when the crash occurred.
Brocksmith claimed that he had smoked marijuana “over the weekend” but did not smoke the drug on the day of the crash.
In August 2016, an Ogden judge ordered Brocksmith serve zero to five years in the state prison for the crash. Brocksmith appealed, saying the Measurable Amount Statute that helped convict him was unconstitutional, according to the appeal court’s opinion.
The appeal court’s opinion mentions how Brocksmith orally moved to drop the charges against him, but did not file paperwork to support the motion. Brocksmith also failed to specify in court how the statute is illegal.
Brocksmith claimed in his appeal that his representation failed to bring to light the constitutionality issues with the Measurable Amount Statute, a statement that the appeals court rejected in its ruling.
As of Monday, Brocksmith is on parole from the Utah State Prison, according to the Utah Department of Corrections website.
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