STATE v. HOUSKEEPER

Nos. 20000059, 20010314.

62 P.3d 444 (2002)

2002 UT 118

STATE of Utah, Plaintiff and Appellee, v. Spencer E. HOUSKEEPER, Defendant and Appellant.

Supreme Court of Utah.

December 10, 2002.


Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Laura B. Dupaix, Asst. Att'y Gen., Salt Lake City, Sherry Ragan, Provo, for plaintiff.

Michael D. Esplin, Margaret P. Lindsay, Provo, for defendant.


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...

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