State v. Simmons

759 P.2d 1152 (1988)

STATE of Utah, Plaintiff and Appellee,

v.

Gene SIMMONS, Defendant and Appellant.

No. 860053.

Supreme Court of Utah.

July 5, 1988.

Joan Watt, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Sandra L. Sjogren, Salt Lake City, for plaintiff and appellee.

ZIMMERMAN, Justice:

Defendant Gene Simmons appeals from convictions on one count of rape of a child and two counts of sodomy upon a child. Defendant was sentenced to three concurrent minimum mandatory terms of ten years to life. The two sodomy convictions are affirmed. However, the rape conviction is reversed.

Defendant…