State v. Harris

I concur in result and add a brief comment on one point concerning the matter of disclosing pre-sentence reports to the defendant, which was the subject of a split decision by this Court in Reddish v. Smith, Utah, 576 P.2d 859, in which Mr. Justice Maughan and I each wrote dissenting opinions. For reasons noted in my dissenting opinion in Reddish, I believe — at minimum — that if a pre-sentence report is obtained and information therein relied upon by the sentencing judge, then the defendant should be given the opportunity to rebut the same. In this case, however, the defendant’s request for…