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STATE v. GERRISH

No. 860159.

746 P.2d 762 (1987)

STATE of Utah, Plaintiff and Respondent, v. Oliver Benjamin GERRISH, Defendant and Appellant.

Supreme Court of Utah.

November 19, 1987.

Attorney(s) appearing for the Case

Jo Carol Nesset-Sale and Curtis C. Nesset, Salt Lake City, for defendant and appellant.

David L. Wilkinson and Sandra L. Sjogren, Salt Lake City, for plaintiff and respondent.

HALL, Chief Justice:

In September 1985, defendant pleaded guilty to one count of aggravated sexual abuse of a child, a first degree felony.1 The crime is punishable by incarceration for a minimum mandatory term of three, six, or nine years.2

In October 1985, defendant was sentenced to a minimum mandatory sentence of ten years. In November 1985, this erroneous sentence was amended without hearing to...

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