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744 P.2d 1375

68 UtahAdv.Rep. 10

State v. Kaus

Utah Supreme Court

Decided October 29, 1987

Utah Supreme Court · decided 1987-10-29

Cited by 2 later decisions — most recently December 1994

2 state decisions

Relies on State v. Bishop · State v. Egbert

Good law ✅— No negative treatment on recordhow we know

Decided 1987-10-29

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DURHAM, Justice:

¶1Defendant was charged with aggravated sexual abuse of a child, in violation of Utah Code Ann. § 76-5-404.1 (Supp.1984). He pleaded guilty to the charge, reserving his right to challenge the sentencing provisions of the statute which he claimed were unconstitutional. Defendant was sentenced to a minimum mandatory term of three years.

¶2This Court recently upheld sentencing provisions similar to the one challenged in this appeal in State v. Bishop, 717 P.2d 261 (Utah 1986), and in State v. Egbert, 66 Utah Adv.Rep. 52 (Sept. 28, 1987). There is no substantive difference in the sentencing scheme defendant challenges and those held constitutional in Bishopand Egbert. Although I dissented from the holding in Eg-bert, it has now become Utah law, and we are constrained to reject defendant’s appeal and affirm his conviction and sentence.

HALL, C.J., STEWART, Associate C.J., and HOWE and ZIMMERMAN, JJ., concur.
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