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STATE v. SMITH

No. 920141.

866 P.2d 532 (1993)

STATE of Utah, Plaintiff and Appellee, v. Tracy Eugene SMITH, Defendant and Appellant.

Supreme Court of Utah.

December 27, 1993.

Attorney(s) appearing for the Case

R. Paul Van Dam, Atty. Gen., Joanne C. Slotnik, Asst. Atty. Gen., Salt Lake City, for plaintiff and appellee.

Craig S. Cook, Salt Lake City, for defendant and appellant.

STEWART, Justice:

Tracy Eugene Smith pleaded guilty to first degree murder. He was charged with intentionally causing the death of another while engaged in the commission of or an attempt to commit robbery or aggravated robbery. See Utah Code Ann. § 76-5-202(1)(d). The trial court sentenced him to life imprisonment and recommended that "the Defendant not be allowed parole or even be considered for parole until he has served at least Twenty (20) years....

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