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STATE v. BASTIAN

No. 870171.

765 P.2d 902 (1988)

STATE of Utah, Plaintiff and Appellee, v. Randy BASTIAN, Defendant and Appellant.

Supreme Court of Utah.

December 9, 1988.

Attorney(s) appearing for the Case

Brian R. Florence, Ogden, for defendant and appellant.

David L. Wilkinson, David B. Thompson, Salt Lake City, for plaintiff and appellee.

DURHAM, Justice:

Defendant appeals from a conviction for sodomy on a child and the resulting ten-year-to-life sentence imposed upon him. He argues two issues on appeal: (1) Utah Code Ann. § 76-5-406.5 (Supp. 1988) violates the equal protection guarantees of both the United States and Utah Constitutions, and (2) the minimum mandatory sentence provision found in Utah Code Ann. § 76-5-403.1 (Supp. 1988) is unconstitutional because it is cruel and unusual punishment...

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