State v. Tebbs

OPINION

ORME, Judge:

Defendant, Thomas M. Tebbs, entered a conditional plea of no contest to two counts of communications fraud. On appeal, he argues that the communications fraud statute is unconstitutional. We affirm.

FACTS

On March 2, 1987, Defendant was charged by information with approximately sixteen counts of communications fraud, second degree felonies in violation of Utah Code Ann. § 76-10-1801 (1989), and some eight counts of selling unregistered securities, third degree felonies in violation of Utah Code Ann. § 61-1-7 (1989).

By November 1987, the information had been amended to contain…