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STATE v. ANDREWS

Nos. 920308, 920309.

843 P.2d 1027 (1992)

STATE of Utah, Plaintiff and Appellee, v. William ANDREWS, Defendant and Appellant. William ANDREWS, Petitioner, v. Scott CARVER, Warden of the Utah State Prison, Respondent.

Supreme Court of Utah.

Rehearing Denied July 29, 1992.

Attorney(s) appearing for the Case

R. Paul Van Dam, Robert R. Wallace, Salt Lake City, for the State and Scott Carver.

Robert M. Anderson, Salt Lake City, Timothy K. Ford, Seattle, Wash., Gordon G. Greiner, Sandra Goldman, Donald A. Degnan, Denver, Colo., Julius Chambers, Steve Hawkins, New York City, for William Andrews.

AMENDED OPINION

HALL, Chief Justice:

Defendant, under a sentence of death imposed by a jury in 1974, appeals the order of the district court which issued a new death warrant and set a new execution date of July 30, 1992.1 The issue presented is whether the sentencing option of life without parole provided for in Utah Code Ann. § 76-3-207.52 has application in this instance.

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