State v. Amicone

STEWART, Justice:

The defendant, Heather Amicone, a ticket taker at a movie theater, pleaded guilty to an information charging her with a violation of U.C.A., 1953, § 76-10-1204, which prohibits the distribution of pornographic material. The defendant admitted that the tickets she had taken were to a movie that she knew to be pornographic. Section 76-10-1204(2) mandates incarceration for a minimum of seven days for a violation of § 76-10-1204. 1 The defendant received the mandatory minimum sentence. The defendant argues on this appeal that the mandatory sentencing provision (1) constitutes…