State v. Lipsky

STEWART, Justice:

Defendant Lipsky appeals from a judgment entered against him for committing aggravated assault in violation of § 76-5-103(l)(b).1 The only issue on appeal is whether the defendant at the time of his sentencing was unlawfully denied access to the pre-sentence report.

The defendant entered a plea of guilty to aggravated assault. The trial court, at the defendant’s request, ordered a pre-sentence investigation and report from the Adult Probation and Parole Department. The defendant filed a motion for disclosure of the report submitted. When the defendant appeared for sentencing,…