STATE v. TUTTLE

No. 20068.

780 P.2d 1203 (1989)

STATE of Utah, Plaintiff and Appellee, v. Wesley Allen TUTTLE, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied October 24, 1989.


Attorney(s) appearing for the Case

Kenneth R. Brown, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, Sandra L. Sjogren, Salt Lake City, for plaintiff and appellee.


ZIMMERMAN, Justice:

Defendant Wesley Allen Tuttle appeals from his jury conviction of first degree murder, for which he received a life sentence. See Utah Code Ann. §§ 76-5-201, -202(1)(q) (Supp. 1988). Tuttle makes three claims on appeal. He contends that the trial court erroneously forced him to waive his right to a jury in the penalty phase to avoid being tried by a "death qualified" jury in the guilt phase; that the trial court erred in admitting...

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