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STATE v. McCOVEY

No. 890137.

803 P.2d 1234 (1990)

STATE of Utah, Plaintiff and Appellee, v. Charles Kenneth McCOVEY aka Charles Kenneth Hodges, Defendant and Appellant.

Supreme Court of Utah.

December 18, 1990.

Attorney(s) appearing for the Case

Andrew A. Valdez, Lisa J. Remal, Joan C. Watt, Richard G. Uday, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, David B. Thompson, Salt Lake City, for plaintiff and appellee.

HALL, Chief Justice:

Defendant Charles Kenneth McCovey was convicted of second degree (felony) murder, a first degree felony,1 and aggravated robbery, a first degree felony.2 The trial court sentenced McCovey for both crimes, and he now appeals the aggravated robbery sentence, claiming that it is a lesser included offense of second degree felony murder.

On April 22, 1988, McCovey robbed a Kearns, Utah...

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