STATE v. MURPHY

No. 930341-CA.

872 P.2d 480 (1994)

STATE of Utah, Plaintiff and Appellee, v. Lincoln Franklin MURPHY, Defendant and Appellant.

Court of Appeals of Utah.

March 31, 1994.


Attorney(s) appearing for the Case

Robert Heineman (argued), James A. Valdez, David P.S. Mack, Salt Lake Legal Defender Ass., Salt Lake City, for defendant and appellant.

Jan Graham, State Atty. Gen., Christine F. Soltis (argued), Asst. Atty. Gen., Salt Lake City, for plaintiff and appellee.

Before BILLINGS, DAVIS and GREENWOOD, JJ.


OPINION

GREENWOOD, Judge:

Defendant, Lincoln Franklin Murphy, appeals from his conviction of aggravated sexual abuse of a child, a first degree felony, in violation of Utah Code Ann. § 76-5-404.1(3) (1990). Defendant contends that the trial court's refusal to find him mentally ill and to sentence him as guilty and mentally ill goes against the weight of evidence. We affirm.

BACKGROUND

In 1992, defendant was charged with various counts...

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