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STATE v. GARCIA

No. 860223-CA.

744 P.2d 1029 (1987)

The STATE of Utah, Plaintiff and Respondent, v. Pedro P. GARCIA, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied December 7, 1987.

Attorney(s) appearing for the Case

Manny C. Garcia, Joan C. Watt, Salt Lake Legal Defender Asso., Salt Lake City, for defendant and appellant.

David L. Wilkinson, State Atty. Gen., David B. Thompson, Asst. Atty. Gen., for plaintiff and respondent.

Before BENCH, GREENWOOD and GARFF, JJ.

OPINION

BENCH, Judge:

Defendant Pedro Garcia appeals from his conviction on two counts of aggravated assault. We affirm one conviction and reverse the other.

At a party on February 7, 1986, Maria Villagerana was injured and her brother-inlaw Lorenzo Bejarano was shot in the back of the head. Maria identified defendant as the assailant. Defendant was subsequently charged with two counts of aggravated assault in violation of Utah Code Ann. § 76...

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