LOGAN — Sentencing for Cody Smith, a 40-year-old Logan man accused of raping a child, has been cancelled after he hired a new attorney and withdrew his guilty plea.
Smith appeared in 1st District Court Wednesday afternoon with Salt Lake attorney Cara Tangaro. She told the court there were some irregularities and strange circumstances surrounding Smith’s prior plea.
In January, a week-long jury trial ended abruptly when Smith pleaded no contest to two amended charges of aggravated sexual abuse of a child, a first-degree felony. 14 other charges were dismissed, under conditions of the plea.
Family and friends of the victim were gathered in the courtroom during Wednesday’s appearance. They had to be quieted by bailiffs as they whispered their frustrations about the delay.
State attorney Barbara Lachmar told the court she would like to move the process quickly.
Judge Brian Cannell set a hearing date for May 14. At that time he’ll consider the additional evidence for the change of plea.
Smith was originally arrested in March 2013, accused of encouraging a teenage female and other individuals to engage in sex while in his home. The girl also previously testified during a preliminary hearing that Smith fondled her on multiple occasions.
Smith was arrested by officers with the Utah State University Police Department. They investigated the case because he had worked for both the Logan City Police Department and the Cache County Sheriff’s Office.
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