STATE v. SIBERT

No. 15598.

587 P.2d 126 (1978)

The STATE of Utah, Plaintiff and Respondent, v. Harold Lee SIBERT, Defendant and Appellant.

Supreme Court of Utah.

October 31, 1978.


Attorney(s) appearing for the Case

Bradley P. Rich of Salt Lake Legal Defenders Assn., Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Craig L. Barlew, Asst. Atty. Gen., R. Paul Van Dam, Salt Lake County Atty., Salt Lake City, for plaintiff and respondent.


ELLETT, Chief Justice:

Mr. Sibert appeals from a conviction of the crime of assault by a prisoner. There is no contention that he was not a prisoner or that he did not commit an assault. The bases of the appeal are: (1) The Trial Court refused to allow the defendant to make an opening statement; and (2) The Trial Court refused to permit a transportation order made by another judge.

Mr. Sibert was represented by competent counsel whose advise was not heeded...

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