Dennis Arthur Young's conviction in the September 1986 kidnapping and sexual assault of a Magna woman has been upheld by the Utah Supreme Court.
In the decision, the high court also left in place Young's sentencing on aggravated kidnapping, kidnapping, aggravated sexual assault and aggravated robbery counts.Third District Judge Timothy R. Hanson sentenced Young to two consecutive minimum mandatory 10-year terms in prison for the first-degree felony convictions. In June 1988, the Utah Board of Pardons told Young, 33, of Salt Lake City, that he would serve all 20 years in prison.
Young's next parole hearing is scheduled for August 2006.
Young was convicted of kidnapping the 24-year-old woman and her 18-month-old child from a Magna carwash on Sept. 11, 1986.
Young then drove the woman and her child to a grove of trees, where he tied her up, raped her and robbed her of $4 and a credit card. The child was in the front seat during the attack.
In the appeal, defense attorneys James Valdez and Elizabeth Bowman maintained that Hanson had erred when he determined that Young was not competent to change his plea from not guilty to guilty and mentally ill during the trial.
In writing for the court, Justice I. Daniel Stewart rejected the argument.
Stewart said the trial court was not legally obligated to order a competency hearing for Young, who was examined by two psychiatrists before the trial when the defendant said he was relying on a defense of diminished capacity.
The psychiatrists testified that Young had an anti-social personality disorder and could be subject to depression, but was not mentally ill.