STATE v. HAGEN

No. 900095-CA.

802 P.2d 745 (1990)

STATE of Utah, Plaintiff and Appellee, v. Robert P. HAGEN, Defendant and Appellant.

Court of Appeals of Utah.

November 23, 1990.


Attorney(s) appearing for the Case

Harry H. Souvall (argued), McRae & DeLand, Vernal, for defendant and appellant.

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

Before GARFF, JACKSON and ORME, JJ., sitting in Vernal, Utah.


MEMORANDUM DECISION

ORME, Judge:

Defendant appeals his conviction on the narrow ground that the crime for which he was convicted, selling marijuana, was committed at Myton, Utah, a location within the territorial confines of the Uintah and Ouray Indian Reservation, and that the state failed to establish the court's jurisdiction over him when it failed to prove he is not an Indian when confronted with his claim that he is. See, e.g., State v. St. Francis...

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