Logan man pleads guilty during 2nd day of trial

Cody C. Smith, 39, in 1st District Court, March 18, 2014.

LOGAN — The trial for a 40-year-old Logan man accused of raping a child has been dismissed, after Cody C. Smith pleaded guilty to lesser charges and will now await sentencing.

Records show Smith accepted a plea deal in 1st District Court, pleading no contest to two amended charges of aggravated sexual abuse of a child, a first-degree felony. Under conditions of the plea, 14 other charges were dismissed.

Prosecutors recommended he serve two terms of six-years-to-life in prison with the sentences running consecutively. Defense attorney Susanne Gustin argued the sentences should run concurrently.

Jurors were released Tuesday morning after being told Smith had accepted the deal, just before the victim was going to testify.

Judge Brian Cannell ordered Smith to be arrested and taken into custody. He will be sentenced March 11.

Smith was originally arrested in March 2013, accused of encouraging a teenage girl and her boyfriend to engage in sex while in his home. The girl also previously testified during a preliminary hearing that Smith fondled her on multiple occasions.

Prosecutors originally filed 14 charges against Smith including nine counts of rape of a child and object rape, all first-degree felonies, forcible sex abuse and criminal solicitation, both second-degree felonies, and three counts of unlawful sexual activity with a minor, all class B misdemeanors.

In April, Judge Cannell ruled that there was sufficient evidence to bind Smith over for trial.

A previous five-day trial was postponed in June after Smith fired his public defender and hired Gustin.

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.

<hr /><p style=”text-align: center;”>will@cvradio.com

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