State v. Wilder

Associate Chief Justice Lee filed a concurring opinion.

On Writ of Certiorari to the Utah Court of Appeals

Justice Himonas, opinion of the Court:

INTRODUCTION

¶1 While on parole from the state prison for the attempted rape of a child, defendant, Percy Wilder, detained and sexually attacked the victim, leading a jury to convict him of one count of aggravated sexual assault and one count of aggravated kidnapping. Before the court of appeals, Mr. Wilder argued that these two convictions should have merged pursuant to State v. Finlayson , 2000 UT 10 , 994 P.2d 1243 . He also argued that his trial…