STATE v. ORTIZ

No. 19082.

712 P.2d 218 (1985)

The STATE of Utah, Plaintiff and Respondent, v. Ibrian ORTIZ, Defendant and Appellant.

Supreme Court of Utah.

December 6, 1985.


Attorney(s) appearing for the Case

Edward K. Brass, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., J. Stephen Mikita, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


ZIMMERMAN, Justice:

Defendant Ibrian Ortiz appeals from his conviction of aggravated robbery, a first degree felony. U.C.A., 1953, § 76-6-302 (1978 ed.). The trial court refused to permit him to substitute a second alibi witness for the one he had originally designated, despite a showing that the first witness's unavailability was entirely beyond defendant's control, that he would be prejudiced by the failure to permit the substitution, and that the testimony...

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