By Myrna Trauntvein
Times-News Correspondent
T, Earl Andrews appeared in Fourth District Court in
Nephi Monday morning in a change of plea hearing.
Andrews and his attorney, Ronald J. Yengich, changed
Andrew's original plea from not guilty to guilty. The guilty
plea also waived a trail by jury.
Fourth District Court Judge Donald J. Eyre Jr. set
sentencing on the charges for June 9.
Andrews pleaded guilty to four charges of second
degree felony forcible sexual abuse and to two class A
misdemeanor lewdness involving a child charges.
"You are changing your plea today, I understand.,"
said Judge Eyre."You understand that you are entitled to a
trial by jury?"
Andrews answered in the affirmative.
"Has your attorney explained to you the consequences
that may flow from these proceedings?" asked Eyre.
He also advised the defendant, Andrews, of his
rights.
Eyre said that he was ordering a pre-sentence
investigation and ordered Adult Probation and Parole to
prepare that pre-sentence report.
A change of plea note statement of the defendant in
support of the guilty pleas and a certificate of counsel was
signed and received by the court.
Andrews also agreed, in open court, to pay for
counseling for any victim whether charged or uncharged.
The charge of forcible sexual abuse of a child is made
when the minor is 14 years of age or older. The law reads
that such action occurs without the consent of the
child.
A person convicted of this charge may be sentenced to
pay a fine of up to $10,000 and may also be imprisoned for
one to 15 years.
A class A misdemeanor lewdness involving a child is
made when the sexual abuse occurs with or in front of a
child under 14 years of age.
A fine of up to $2,500 may be set and a prison term of
up to one year may be imposed.
Andrews also prepared and read a statement to the
court as part of the proceedings on Monday.
"I have no comments for the press on this case at this
time," said Jared Eldridge, Juab County Prosecuting
Attorney.
At the preliminary hearing, held March 19, 2004, four
juveniles offered testimony in the case. The identities of
the young people are being protected since they are
juveniles.
At that preliminary hearing, Andrews had entered a
plea of not guilty.
Three pleas are generally allowed in response to a
criminal charge. A plea of guilty admitting the charge; a
plea of not guilty, denying the charge; and a plea of no
contest, not admitting or denying the charge, but agreeing
to be subject to a judgment of conviction and to a sentence
for it.
Judge Eyre, may impose any punishment within the range
authorized by law.
Eyre will determine the guideline sentence after he
has read the pre-sentence report the probation office will
prepare.
Yengich and Eldridge, will both then be given the
opportunity to challenge the facts adult probation and
parole office reports.
In spite of those guidelines, the judge still has the
authority, in some circumstances, to impose a sentence that
is more or less severe than the sentence called for by the
applicable guidelines.
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