State v. Jiminez

938 P.2d 264 (1997)

STATE of Utah, Plaintiff and Appellee,

v.

Jose M. JIMINEZ, Defendant and Appellant.

No. 960208.

Supreme Court of Utah.

March 21, 1997.

Jan Graham, Att'y Gen., James H. Beadles, Asst. Att'y Gen., Charles D. Behrens, Jr., Salt Lake City, for plaintiff and appellee.

G. Fred Metos, Salt Lake City, for defendant and appellant.

HOWE, Justice:

Defendant Jose Jiminez appeals from his conviction of rape of a child, a first degree felony. He was sentenced to prison for an indeterminate term of five years to life. He timely moved for a new trial on the ground that newly discovered evidence…