State v. Bell

ZIMMERMAN, Justice

(concurring and dissenting):

I join the majority opinion and write separately only to note that I still adhere to the views set forth in my dissenting opinion in State v. Egbert, 748 P.2d 558 (Utah 1987), to the effect that the minimum mandatory sentencing scheme adopted by the legislature for many sex crimes is incom-píete because the Judicial Council has yet to promulgate guidelines tailored to address the choices judges must make under these sentencing statutes. Although I do not agree with the position of the majority in Egbert, which is followed by the majority in the present case, I will not continue to note my dissent on this point in future cases.

DURHAM, J., concurs in the concurring and dissenting opinion of ZIMMERMAN, J.