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STATE v. SCOTT

No. 12426.

488 P.2d 1046 (1971)

26 Utah 2d 302

The STATE of Utah, Plaintiff and Respondent, v. Robert Richard SCOTT, Defendant and Appellant.

Supreme Court of Utah.

September 21, 1971.

Attorney(s) appearing for the Case

Phil L. Hansen of Phil L. Hansen & Associates, Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

ELLETT, Justice.

The appellant entered a plea of guilty to a charge of selling an hallucinogenic drug and was sentenced to serve a term in the Utah State Prison. In connection with the imposition of sentence, the following colloquy occurred between counsel for the appellant and the court:

THE COURT: * * * I am somewhat in doubt as to whether or not the Court's hands can be tied in this manner and I would like that tested and ruled on by, in and by our Supreme...

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