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STATE v. WELBORN

No. 20090264-CA.

268 P.3d 881 (2012)

2012 UT App 5

STATE of Utah, Plaintiff and Appellee, v. Gary L. WELBORN, Defendant and Appellant.

Court of Appeals of Utah.

January 6, 2012.

Attorney(s) appearing for the Case

Scott L. Wiggins , Salt Lake City, for Appellant.

Mark L. Shurtleff and Brett J. DelPorto , Salt Lake City, for Appellee.

Before Judges DAVIS, ROTH, and CHRISTIANSEN.

MEMORANDUM DECISION

ROTH, Judge:

¶ 1 Gary L. Welborn appeals the sentence of mandatory imprisonment imposed after he pleaded guilty to aggravated sexual abuse of a child, a first degree felony, see Utah Code Ann. § 76-5-404.1(4)-(5) (2008).1 Welborn asserts that the sentencing court committed plain error in interpreting Utah Code section 76-5-406.5 (the probation provision) to require imprisonment and that his...

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