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STATE v. DeJESUS

No. 19014.

712 P.2d 246 (1985)

The STATE of Utah, Plaintiff and Respondent, v. Jose DeJESUS, Defendant and Appellant.

Supreme Court of Utah.

December 16, 1985.

Attorney(s) appearing for the Case

Brooke C. Wells, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Dave B. Thompson, Asst. Atty. Gen., Roger Blaylock, Salt Lake City, for plaintiff and respondent.

HALL, Chief Justice:

Defendant appeals his conviction of aggravated robbery1 of a jewelry store, contending that he was absent from the state of Utah at the time the robbery was committed. Defendant assigns two interrelated points on appeal: (1) insufficiency of the evidence and (2) failure of the trial court to give the eyewitness testimony instruction suggested in United States v. Telfaire.2

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