STATE v. MORITZSKY

No. 880395-CA.

771 P.2d 688 (1989)

STATE of Utah, Plaintiff and Respondent, v. Joseph MORITZSKY, Defendant and Appellant.

Court of Appeals of Utah.

March 23, 1989.


Attorney(s) appearing for the Case

Kirk C. Bennett, West Valley City, for defendant and appellant.

R. Paul Van Dam, Atty. Gen., Charlene Barlow (argued), Asst. Atty. Gen., for plaintiff and respondent.

Before BILLINGS, JACKSON and ORME, JJ.


OPINION

ORME, Judge:

Defendant Joseph Moritzsky appeals his jury conviction of aggravated assault, a third degree felony in violation of Utah Code Ann. § 76-5-103 (1978). Defendant urges, through new counsel, reversal of his conviction due to his trial counsel's failure to request the appropriate "defense of habitation" jury instruction. Defendant claims counsel's failure rendered his assistance ineffective in contravention of the Sixth Amendment. We...

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