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STATE v. GARNER

No. 20060823-CA.

177 P.3d 637 (2008)

2008 UT App 32

STATE of Utah, Plaintiff and Appellee, v. Anthony Reed GARNER, Defendant and Appellant.

Court of Appeals of Utah.

January 25, 2008.

Attorney(s) appearing for the Case

Debra M. Nelson and Raymond S. Shuey, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., and Jeanne B. Inouye, asst. atty. gen., Salt Lake City, for Appellee.

Before Judges BENCH, BILLINGS, and ORME.

OPINION

BENCH, Judge:

¶ 1 Defendant Anthony Reed Garner appeals his sentence following a conviction on three counts of aggravated sexual assault, a first degree felony. See Utah Code Ann. § 76-5-405 (Supp.2007). Defendant claims that the trial court abused its discretion by considering impermissible factors to elevate his sentence from the presumptive middle range of ten years to life to the upper range of fifteen years to life. Defendant...

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