With no explanation, chose the best option from "A", "B", "C" or "D". acted with the required mental state presents a question of fact which must be submitted to the fact-finder. See State v. Workman, 852 P.2d 981, 987 (Utah 1993). Therefore, dismissal on this basis would also be improper. C. Vagueness ¶ 20 Defendants further contend that dismissal is proper because section 78-3a-801(l)(a)(ii) is unconstitutionally vague because it fails to give adequate notice of the prohibited conduct. ¶ 21 When reviewing the constitutionality of a statute, we must presume that the statute is constitutional. See Tritt, 463 P.2d at 808. A statute “will not be declared unconstitutional unless found to be so beyond a reasonable doubt.” Id.; see also Salt Lake City v. Lopez, 935 P.2d 1259, 1265 (Utah Ct.App.1997); State v. McKinley, 53 N.M. 106, 202 P.2d 964, 966 (1949) (<HOLDING>). Those challenging the constitutionality of a

A: holding the court has a duty to correct erroneous past decisions
B: holding that trial court has no duty to establish waiver on record
C: holding that ijnmates have the right to be provided with food sufficient to sustain them in good health that satisfies the dietary laws of their religion
D: holding court has duty to sustain and uphold statutes rather than to ignore and defeat them
D.