STATE v. KELLY

No. 870155.

770 P.2d 98 (1988)

STATE of Utah, Plaintiff and Appellee, v. James KELLY, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied October 20, 1988.


Attorney(s) appearing for the Case

Nathan Hult, Logan, for defendant and appellant.

David L. Wilkinson and Kimberly K. Hornak, Salt Lake City, for plaintiff and appellee.


HALL, Chief Justice:

Defendant was convicted of rape of a child, a first degree felony, in violation of Utah Code Ann. § 76-5-402.1 (Supp. 1988), and sentenced to a minimum mandatory term of ten years in the Utah State Prison. Defendant filed a motion for review of the minimum mandatory sentence, followed by a notice of appeal. Thereupon, the trial court denied defendant's motion for review of the sentence, concluding...

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