State v. Rhodes

OPINION

JACKSON, Judge:

Defendant appeals from a sentence imposed following judgment and conviction for sexual abuse of a child, asserting that the trial court abused its discretion by sentencing him to prison in lieu of probation. We affirm.

FACTS

Defendant Alan Rhodes was charged with sodomy on a child, a first degree felony, in violation of Utah Code Ann. § 76-5-403.1 (1990); and sexual abuse of a child, a second degree felony, in violation of Utah Code Ann. § 76-5-404.1 (1990). Rhodes pleaded guilty to the second degree felony in exchange for dismissal of the first degree felony violation. On…