STATE v. VALDEZ

No. 12952.

513 P.2d 422 (1973)

30 Utah 2d 54

STATE of Utah, Plaintiff and Respondent, v. Gavino Joe VALDEZ, Defendant and Appellant.

Supreme Court of Utah.

August 24, 1973.


Attorney(s) appearing for the Case

Bettie J. Marsh, William D. Marsh, Ogden, for defendant-appellant.

Vernon B. Romney, Atty. Gen., Robert B. Hansen, William T. Evans, Randolph S. Collins, Asst. Attys. Gen., Salt Lake City, for plaintiff-respondent.


CALLISTER, Chief Justice:

Defendant appeals from his conviction by a jury of the crime of first-degree murder; the jury recommended leniency, and defendant was sentenced to a term of life imprisonment.

There is no dispute that defendant entered the Post Lounge in Ogden, Utah, at about 12:30 a.m. on August 21, 1971, walked up to the booth where his former wife, Ida Berniece Valdez, was seated with her companions, held his gun with both hands and fired it seven...

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