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SALT LAKE CITY (AP) -- A man has pleaded guilty in the shaking death of his baby son but will appeal the constitutionality of the charge.
Christopher Alan Hogan, 34, on Tuesday entered a seldom-used conditional "Sery plea" that allows him to appeal his guilty plea to the charge of child abuse homicide.
Hogan already is in prison for second-degree felony child abuse.
Prosecutors said the unusual situation arose because Hogan violently shook his 21/2-month-old son, Salem Corey Hogan, in 2000, causing serious injuries but not immediate death.
Salem lived for another 21 months.
Christopher Hogan admitted he was guilty of abusing Salem and was sentenced in 2001 to one to 15 years in prison.
But when the child died, prosecutors filed the homicide charge, arguing that Salem's death was a different offense.
However, defense attorneys contend there was just one offense and they argue that punishing Hogan further violates the constitutional double-jeopardy provision.
They tried to get the case dismissed, but in June, 3rd District Judge Dennis Frederick denied that request.
Frederick on Tuesday accepted Christopher Hogan's conditional guilty plea regarding the homicide charge and scheduled sentencing for Oct. 3 with all parties aware that the case will be appealed to a higher court.
Jacqueline Hogan, the boy's mother, said there is no closure for her and her family, even though her ex-husband is in prison.
"If he has a homicide on his record, I think that would be justice because everybody would recognize Salem's life had meaning and he was murdered," she said.
(Copyright 2003 by The Associated Press. All Rights Reserved.)
