STATE v. SCOTT

No. 20060211-CA.

180 P.3d 774 (2008)

2008 UT App 68

STATE of Utah, Plaintiff and Appellee, v. James Robert SCOTT, Defendant and Appellant.

Court of Appeals of Utah.

March 6, 2008.


Attorney(s) appearing for the Case

John Pace, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., and Christopher D. Ballard, asst. atty. gen., Salt Lake City, for Appellee.

Before GREENWOOD, P.J., THORNE, Associate P.J., and BILLINGS, J.


OPINION

BILLINGS, Judge:

¶ 1 Defendant James Robert Scott pleaded guilty to three counts of sodomy on a child, a first degree felony. On appeal, Defendant challenges his sentence, arguing that the trial court abused its discretion by failing to modify the diagnostic evaluation and considering inappropriate factors during sentencing. We remand for the trial court to comply with Utah Code section 77-18-1(6)(a), see Utah Code Ann. § 77-18-1...

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