STATE v. MITCHELL

No. 870146.

769 P.2d 817 (1989)

STATE of Utah, Plaintiff and Appellee, v. Montey Lee MITCHELL, Defendant and Appellant.

Supreme Court of Utah.

March 2, 1989.


Attorney(s) appearing for the Case

Roland Uresk, Machelle Fitzgerald, Roosevelt, for defendant and appellant.

R. Paul Van Dam, Kimberly K. Hornak, Salt Lake City, for plaintiff and appellee.


MEMORANDUM OF DECISION

ZIMMERMAN, Justice:

Following a bench trial, defendant Montey Lee Mitchell was convicted of aggravated sexual abuse of a child and sentenced to a minimum mandatory prison term of six years. Utah Code Ann. § 76-5-404.1 (Supp. 1988). He appeals and claims that the aggravating circumstance of "bodily injury" required for conviction was not proven and that the trial court erred because it failed to consider the proper mitigating factors...

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