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STATE v. SESSIONS

No. 17019.

645 P.2d 643 (1982)

The STATE of Utah, Plaintiff and Respondent, v. William Thomas SESSIONS, Defendant and Appellant.

Supreme Court of Utah.

March 30, 1982.

Attorney(s) appearing for the Case

G. Fred Metos, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Robert N. Parrish, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

STEWART, Justice:

The defendant, William Thomas Sessions, appeals his conviction of forcible sexual abuse, a third degree felony.1 This appeal is based solely on the trial court's refusal to give Sessions' proffered jury instruction on diminished capacity. We affirm.

On June 9, 1979, Sessions entered an elevator on the third floor of a parking garage in Salt Lake City. A young woman was...

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