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STATE v. SMATHERS

No. 15911.

602 P.2d 708 (1979)

STATE of Utah, Plaintiff and Respondent, v. Danny Wayne SMATHERS, Defendant and Appellant.

Supreme Court of Utah.

October 30, 1979.

Attorney(s) appearing for the Case

Danny Wayne Smathers, pro se.

Robert B. Hansen, Atty. Gen., Craig L. Barlow, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

CROCKETT, Chief Justice:

Defendant Danny Wayne Smathers appeals from a jury conviction of aggravated sexual assault a first-degree felony.1 He makes these claims of error: that the information was not sufficiently specific to inform him of the accusation against him; and that the charge of misconduct is proscribed by two different statutes with different penalties and that he should be entitled to be convicted and punished under the lesser...

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