State v. Beltran-Felix, 922 P.2d 30 (Utah Ct. App. 1996)

Cases | State v. Beltran-Felix, 922 P.2d 30 (Utah Ct. App. 1996) | 2018

The defendant and a co-defendant entered a jewelry store, forcing the employees to the back room. The co-defendant raped one employee before the defendant sexually assaulted her at gunpoint; they also stole about $380,000 in gems, jewelry, and cash. After the judge ruled the victim had a right to be present throughout the trial under the Utah Constitution and the Victim’s Rights Act, both defendants were convicted of various offenses and were sentenced to prison time. On appeal, the defendant raised several arguments, including that the Victims’ Rights Act, as applied to him, was unconstitutional because the victim’s presence in the courtroom throughout the trial deprived him of his constitutional rights under the Fifth Amendment of the United States Constitution when combined with the prosecutor’s remarks. The court of appeals held that the defendant did not meet the burden of proving that he was denied a fair trial and, therefore, the Victims’ Rights Amendment and the Victims’ Rights Act were not unconstitutional as applied. The case was remanded on other issues.