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Criminal Procedure Keyed to Miller
State v. Patrick William Casey
Citation:
44 P.3d 756 (Utah 2002)Facts
Casey (defendant) was charged with felony aggravated sexual abuse of a child, M.R. The prosecutor later offered to reduce the charge to lewdness involving a child, a misdemeanor, in exchange for a guilty plea. The court accepted Casey’s guilty plea. M.R. and their mother filed a motion for a misplea and a motion to reject the plea bargain. At the sentencing hearing, M.R. and their mother testified that the court should reject the plea bargain because a misdemeanor sentence does not reflect the harm Casey caused to their family. The court informally reopened the plea hearing to accept the testimony and then reaffirmed Casey’s plea to a misdemeanor, denied M.R.’s motions, and sentenced Casey to eight months in jail.
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Topic Resources
Topic Outline
Pretrial Procedures