The Utah Supreme Court has agreed to hear the appeal of a Utah State Prison inmate serving a five-year sentence for sexually assaulting a Draper woman last summer.
Third District Judge Pat Brian, at the order of the higher court, set bail at $200,000 for convicted sex offender Bernard Franklin Cude, 32, Sandy, who was found guilty in February of aggravated burglary and aggravated sexual assault.
Defense attorney Thom Roberts plans to ask the Supreme Court for a new trial and to convince the justices that Cude's actions do not constitute aggravated sexual assault, which carries a minimum mandatory prison term. Roberts will ask that the case be charged as attempted rape or forcible sexual abuse, both of which do not carry minimum mandatory sentences.
In March, Cude was handed a minimum five-year term after a jury found him guilty of breaking into the trailer home of a woman, 22, the night of Aug. 3 and assaulting her.
According to testimony at trial, the woman fought Cude, stabbing and slashing him with a decorative dagger. Cude eventually fled through the bedroom window, the same window he had apparently entered, according to testimony.
Cude remained in prison Thursday while his family and friends worked to come up with the $200,000 bail in property and cash, Roberts said.