Thursday , May 17, 2018 - 8:40 PM
SALT LAKE CITY — The Utah Supreme Court ruled against a former South Ogden man that claimed he had ineffective counsel during a 2013 jury trial.
The court threw out the appeal of Percy Lee Wilder — a 46-year-old man convicted on first-degree felony counts of aggravated kidnapping and aggravated sexual assault — after it re-examined the cases brought before a district court and the state appeals court.
Wilder was arrested on Feb. 19, 2013, just two days after he picked up a woman at an Ogden house party and would not let the woman out of his car unless she undressed. The woman refused and fought off Wilder’s multiple attempts to grope her and grab her, according to the court’s ruling.
At one point during the attack, Wilder threatened the woman and said, “I’m going to count to three, and if you are not naked, I’m going to gut you from head to toe,” the ruling says.
The woman was able to run away from the car and call the police, and Wilder was arrested shortly after. At the time of the attack, Wilder was on parole from the state prison in connection with a felony attempted rape of a child charge from 1998. Wilder was sentenced to serve one to 15 years in prison but was paroled sometime before the 2013 incident.
Online court records did not have a date when he was paroled from prison.
After a jury came back with a guilty verdict on Nov. 21, 2013, for both charges stemming from abducting the woman, Wilder was sentenced to 15 years to life in the state prison. The judge also ordered that Wilder’s sentences run consecutively with the old charge from 1998.
Wilder appealed the 2013 ruling and based his argument on Utah case law. Wilder claimed in his appeal that the court should have combined the sentences, not have them run consecutively. He also claimed his attorneys should have known this and advocated against the consecutive sentences on his behalf.
The state appeals court ruled against Wilder and disagreed with his claims of ineffective counsel. The state supreme court agreed to hear the case but ultimately sided against Wilder.
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