STATE v. HALL

Nos. 890262-CA, 890532-CA.

797 P.2d 470 (1990)

STATE of Utah, Plaintiff and Appellee, v. Roy W. HALL, Defendant and Appellant.

Court of Appeals of Utah.

August 31, 1990.


Attorney(s) appearing for the Case

Nancy Bergeson (argued), Elizabeth Holbrook (argued), Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen. Dan Larsen (argued), Asst. Atty. Gen. Governmental Affairs, Salt Lake City, for plaintiff and appellee.

Before DAVIDSON, JACKSON and LARSON, JJ.


OPINION

DAVIDSON, Judge:

Defendant appeals from a judgment and conviction for rape in violation of Utah Code Ann. § 76-5-402, a first degree felony. He argues that the trial court erred by refusing to ask several requested jury voir dire questions, by admitting the victim's hearsay statements, and by imposing sentence in an arbitrary and capricious manner. We reverse.

FACTS

On March 19, 1988, defendant, while under the influence of...

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