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STATE v. KELLY

No. 890117.

784 P.2d 144 (1989)

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

Supreme Court of Utah.

November 29, 1989.

Attorney(s) appearing for the Case

Nathan Hult, Logan, for defendant and appellant.

R. Paul Van Dam, Barbara Bearnson, Salt Lake City, for plaintiff and appellee.

DURHAM, Justice:

Defendant James Kelly entered a plea of guilty to the charge of sexual abuse of a child and was convicted, following a bench trial, of the offense of rape of a child. On March 27, 1987, he was sentenced to a one- to fifteen-year term on the sexual abuse charge and a minimum mandatory ten-year term for the rape, the terms to run concurrently. On this appeal, defendant argues that the trial court abused its...

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