State v. Bryant
2012 UT App 264
| Utah Ct. App. | 2012Background
- Bryant was convicted in Utah for aggravated kidnapping, child abuse, three counts of rape, witness tampering, criminal solicitation, and a terroristic threat stemming from abusing 15-year-old B.S. between 2003–2004.
- B.S. was the daughter of Bryant's friend; Bryant previously lived with her family and sometimes shared alcohol and methamphetamine with her.
- Bryant was tried in absentia; the State used DJ's preliminary hearing testimony via video at trial.
- The district court sentenced Bryant to life in prison without parole for aggravated kidnapping based on an (error) application of a 2007 statute.
- The 2007 amendment to the aggravated kidnapping statute allowed life without parole for serious bodily injury, which Bryant committed before 2004, creating an ex post facto problem.
- The court later held that the 2007 statute did not apply and vacated the life-without-parole sentence, ordering resentencing under the 2003/2004 statute and reconsideration of the child abuse merge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether life without parole was available for aggravated kidnapping at time of offense | State: correct statute in effect | Bryant: sentence valid under later amendment | Life without parole not available in 2004; sentence vacated and remanded for proper sentencing under 2004 statute |
| Ineffective assistance of counsel for failing to investigate mental illness | Bryant: ineffective assistance due to uninvestigated mental illness | No prejudice shown; remand not warranted without specific evidence; claim rejected | |
| Double jeopardy from merging child abuse with aggravated kidnapping | State: merger error; reinstate child abuse conviction | Bryant: double jeopardy if increased sentence | Merger reversed; remand for resentencing on both counts to avoid double jeopardy concerns |
| Unavailability of DJ as witness for trial | State: DJ unavailable despite efforts; permissible under rule | District court’s unavailability finding affirmed; no reversal warranted | |
| Failure to give lesser included offense instruction on rape; cohabitant definition | Bryant: entitle to lesser included offense and cohabitant instruction | State: no error; not a cohabitant under the facts | No instruction on lesser included offense; issue preserved and resolved by statutory interpretation; affirmed on this point |
Key Cases Cited
- State v. Patience, 944 P.2d 381 (Utah Ct. App. 1997) (sentencing discretion and abuse of discretion standards on appeal)
- Monson v. Carver, 928 P.2d 1017 (Utah 1996) (ex post facto considerations in sentencing amendments)
- State v. Thorkelson, 84 P.3d 854 (Utah Ct. App. 2004) (patently illegal sentence where statute in effect at time governs sentencing)
- State v. South, 924 P.2d 354 (Utah 1996) (cross-appeal exception when appellee’s argument logically requires modification of lower court decision)
- State v. Menzies, 889 P.2d 393 (Utah 1994) (unavailability of witness due to comprehensive efforts by state and defense)