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STATE v. DYER

No. 18377.

671 P.2d 142 (1983)

STATE of Utah, Plaintiff and Respondent, v. Thomas Peterson DYER, Defendant and Appellant.

Supreme Court of Utah.

September 19, 1983.

Attorney(s) appearing for the Case

Ronald R. Stanger, Provo, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Robert N. Parrish, Salt Lake City, for plaintiff and respondent.

HALL, Chief Justice:

Defendant Thomas P. Dyer was tried by the court, sitting without a jury, for the shooting death of Nina Marie Fuelleman. He was convicted of negligent homicide1 and sentenced to a term of one year in the Utah County Jail, together with a fine of $1,000. On this appeal, he contends: (1) the trial court is without authority to consider a lesser included offense in view of its finding of not guilty as to the charge of...

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