State v. Kaus

Utah Supreme Court

State v. Kaus

744 P.2d 1375, 68 Utah Adv. Rep. 10, 1987 Utah LEXIS 801

CourtUtah Supreme Court

DecidedOctober 29, 1987

DocketNo. 20360

StatusPublished

Cited by2 cases

This text of 744 P.2d 1375 (State v. Kaus) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Kaus, 744 P.2d 1375, 68 Utah Adv. Rep. 10, 1987 Utah LEXIS 801 (Utah 1987).

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Opinion

DURHAM, Justice:

Defendant 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.

This 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 Bishop and 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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DURHAM, Justice:

Defendant 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.

This 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 Bishop and 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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Bluebook (online)

744 P.2d 1375, 68 Utah Adv. Rep. 10, 1987 Utah LEXIS 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kaus-utah-1987.

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