STATE v. HOWELL

No. 19397.

707 P.2d 115 (1985)

STATE of Utah, Plaintiff and Respondent, v. Phillip HOWELL and Shirley Howell, Defendants and Appellants.

Supreme Court of Utah.

September 30, 1985.


Attorney(s) appearing for the Case

Kathleen McConkie Adams, Bradley H. Parker, Salt Lake City, for defendants and appellants.

David L. Wilkinson, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


STEWART, Justice.

The defendants, Phillip and Shirley Howell, were sentenced to an indeterminate prison term of 0-5 years for the reckless physical abuse of three of their four children. They appeal, claiming a violation of due process and the imposition of cruel and unusual punishment. We affirm.

The defendants' four children were removed from their home by the Utah Division of Family Services because of suspected physical abuse. A medical examination substantiated...

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