State v. Gerrard

ELLETT, Chief Justice:

The appellant was charged with the crime of rape pursuant to U.C.A., 1953, 76-5-402. He entered a plea of guilty and when he appeared for sentencing, the trial court stated that it would refer the matter to the Board of Corrections for a ninety-day evaluation. The appellant then attempted to escape from the courtroom. When he was apprehended, the court recalled both appellant and his counsel on that same day and rescinded its previous recommendation for the ninety-day evaluation. The court then proceeded to sentence appellant to the Utah State Prison for a term of one to…