Legal Opinion

State v. S.H.

Utah Supreme Court

Decided December 10, 2002No. Nos. 20000059, 20010314Published

1Opinion of the Court

WILKINS, Justice:

¶ 1 Defendant, a minor, was charged in juvenile court with aggravated sexual assault and forcible sodomy. The case was transferred to the district court pursuant to section 78-3a-602 of the Utah Code, the “Serious Youth Offender Statute,” where the defendant was convicted of attempted rape. On appeal, defendant contends that (1) the district court erred in instructing the jury on rape and attempted rape as lesser included offenses of aggravated sexual assault, (2) the ease should have been remanded to the juvenile court for sentencing, (3) the juvenile court erred in binding…

2Cases cited20 opinions

  1. Beck v. AlabamaSupreme Court of the United States · 1980
  2. State v. HamiltonUtah Supreme Court · 1992
  3. State v. BakerUtah Supreme Court · 1983
  4. State v. HowellUtah Supreme Court · 1982
  5. State v. BellUtah Supreme Court · 1989

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