State v. Kaus
Cases that cite this one
2 later published cases cite this decision.
- State v. Lowder (Utah 1994)
- State v. Larson (Utah 1988)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Defendant was charged with aggravated sexual abuse of a child, in violation of Utah Code Ann. § 76-5-404.1 (Supp. 1984). He pleaded guilty to the charge, reserving his right to challenge the sentencing provisions of the statute which he claimed were unconstitutional. Defendant was sentenced to a minimum mandatory term of three years.
This Court recently upheld sentencing provisions similar to the one challenged in this appeal in State v. Bishop, 717 P.2d 261 (Utah 1986), and in State v. Egbert, 66 Utah Adv.Rep. 52 (Sept. 28, 1987). There is no substantive difference in the sentencing scheme defendant challenges and those held constitutional in Bishop and Egbert. Although I dissented from the holding in Eg-bert, it has now become Utah law, and we are constrained to reject defendant’s appeal and affirm his conviction and sentence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.