State v. Andrews

AMENDED OPINION

HALL, Chief Justice:

Defendant, under a sentence of death imposed by a jury in 1974, appeals the order of the district court which issued a new death warrant and set a new execution date of July 30,1992.1 The issue presented is whether the sentencing option of life without parole provided for in Utah Code Ann. § 76-3-207.52 has application in this instance.

On November 16, 1974, defendant was tried and convicted of three counts of criminal homicide, murder in the first degree, all capital offenses. On November 27, 1974, following the statutory sentencing hearing before a jury,3…