| Title | : | State Utah v. Brent Depaoli |
|---|---|---|
| Author | : | Supreme Court Of Utah |
| Release | : | 1992-07-10 |
| Kind | : | ebook |
| Genre | : | Law, Books, Professional & Technical |
| Size | : | 57270 |
| 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. |
