STATE v. KAY

No. 20265.

717 P.2d 1294 (1986)

STATE of Utah, Plaintiff and Respondent, v. Douglas Edward KAY, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied April 7, 1986.


Attorney(s) appearing for the Case

R. Clayton Huntsman, Phillip Lang Foremaster, St. George, for defendant and appellant.

David L. Wilkinson, Earl J. Dorius, Salt Lake City, for plaintiff and respondent.


ZIMMERMAN, Justice:

Defendant Douglas Kay appeals from the trial court's refusal to adhere to the terms of a plea bargain. He pleaded guilty to three counts of capital homicide in exchange for a promise that he would be sentenced to life imprisonment rather than death. The trial court accepted the pleas without objection from the State. Two weeks later, following a change in the State's position, the court ruled that it was not bound by the agreement to impose life...

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