STATE v. GERRARD

No. 15580.

584 P.2d 885 (1978)

The STATE of Utah, Plaintiff and Respondent, v. David GERRARD, Defendant and Appellant.

Supreme Court of Utah.

September 14, 1978.


Attorney(s) appearing for the Case

Salt Lake Legal Defenders Ass'n, Brad P. Rich, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., R. Paul VanDam, Salt Lake County Atty., Salt Lake City, for plaintiff and respondent.


ELLETT, Chief Justice:

The appellant was charged with the crime of rape pursuant to U.C.A., 1953, 76-5-402. He entered a plea of guilty and when he appeared for sentencing, the trial court stated that it would refer the matter to the Board of Corrections for a ninety-day evaluation. The appellant then attempted to escape from the courtroom. When he was apprehended, the court recalled both appellant and his counsel on that same day and rescinded its previous recommendation...

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