State v. Carson

STEWART, Justice:

The defendant was charged with three first degree felonies: aggravated sexual assault, aggravated robbery, and aggravated burglary. Negotiations betwéen counsel resulted in the defendant’s pleading guilty to a charge of rape, an offense included within the charge of aggravated sexual assault. The other charges were dismissed.

On October 11,1977, the court committed the defendant to the Division of Corrections for a diagnostic evaluation pursuant to Section 76-3-404, Utah Code Annotated (1953), as amended, which reads:

76-3 — 404. Pre-sentence investigation — Commitment of…