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STATE v. GIBBONS

No. 860405.

779 P.2d 1133 (1989)

STATE of Utah, Plaintiff and Appellee, v. Bruce GIBBONS, Defendant and Appellant.

Supreme Court of Utah.

September 13, 1989.

Attorney(s) appearing for the Case

R. Paul Van Dam, Charlene Barlow, Salt Lake City, for plaintiff and appellee.

Hans M. Scheffler, Ronald J. Yengich, Salt Lake City, for defendant and appellant.

STEWART, Justice:

Bruce Gibbons was charged with two counts of sexual abuse of a child and one count of sodomy on a child. Sexual abuse of a child is a second degree felony. Sodomy on a child is a first degree felony, subject to a minimum mandatory sentence of five, ten, or fifteen years' imprisonment.

Initially, Gibbons had pleaded guilty to all three counts and was sentenced to prison for two terms of one to fifteen years for sexual abuse of a child and...

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