598 P.2d 342
Decided July 5, 1979
Utah Supreme Court · decided 1979-07-05
Relies on State v. Cooley
Good law ✅— No negative treatment on recordhow we know
Decided 1979-07-05
Cited by 8 later decisions — most recently February 2022
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1(dissenting):
¶2In my view, the main opinion nullifies the plainly expressed intent of the legislature in Sec. 76-1^102(2) of our new penal code; misinterprets Sec. 77-16-1; and glides too easily over Article VIII, Sec. 7, Constitution of Utah. For those reasons, and the more extensive discussion of them in my dissent in State v. Cooley, Utah, 575 P.2d 693, 694-696 (1978), I dissent. Statutory references are to U.C.A.1953.