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eBook details

• Title: State Utah v. Brent Depaoli
• Author : Supreme Court Of Utah
• Release Date : January 10, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

HOWE, Associate Chief Justice : Defendant Brent Depaoli pleaded guilty to attempted aggravated sexual assault, a first degree felony, in violation of Utah
Code Ann. §§ 76-5-405 and 76-4-101(1). He was sentenced to prison and ordered to pay restitution to the
direct victim and to pay restitution in the sum of $165 to the Salt Lake City Police Department ("SLCPD") for a code R examination
performed on the victim. He appeals, assailing the order of restitution to the SLCPD on the ground that it is not statutorily
authorized. The State responds that Utah Code Ann. § 77-32a-1 provides, "In a criminal action the court may require
a convicted defendant to make restitution and pay costs." The State contends that restitution is specifically authorized under
Utah Code Ann. § 76-3-201(3)(a)(i) and that costs are specifically authorized under Utah Code Ann. § 77-32a-2.
We shall examine both statutes in turn.

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