STATE v. NUTTALL

No. 920776-CA.

861 P.2d 454 (1993)

STATE of Utah, Plaintiff and Appellee, v. Ben Earl NUTTALL, Defendant and Appellant.

Court of Appeals of Utah.

October 21, 1993.


Attorney(s) appearing for the Case

Ronald S. Fujino and Lynn R. Brown, Salt Lake City, for defendant and appellant.

Jan Graham and Kris C. Leonard, Salt Lake City, for plaintiff and appellee.

Before BILLINGS, GREENWOOD and ORME, JJ.


GREENWOOD, Judge:

Defendant Ben Earl Nuttall appeals his two first-degree-felony convictions of aggravated sexual abuse of a child, a violation of Utah Code Ann. § 76-5-404.1 (1990). On appeal, defendant argues that by imposing two consecutive minimum mandatory nine-year terms the trial court abused its discretion because it failed to consider his age and developmental disabilities as mitigating factors. We affirm.

BACKGROUND

Defendant was charged...

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