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STATE v. MITCHELL

No. 900102-CA.

824 P.2d 469 (1991)

STATE of Utah, Plaintiff and Appellee, v. Francis Preston MITCHELL, Defendant and Appellant.

Court of Appeals of Utah.

December 12, 1991.

Attorney(s) appearing for the Case

Kenneth R. Brown (argued), Brown & Cox, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen. and Christine F. Soltis, Asst. Atty. Gen., (argued), Salt Lake City, for plaintiff and appellee.

Before BENCH, GREENWOOD and ORME, JJ.

OPINION

BENCH, Presiding Judge:

Defendant Francis Preston Mitchell appeals his sentence and jury conviction of manslaughter, a second degree felony, in violation of Utah Code Ann. § 76-5-205 (1990). We affirm.

On August 4, 1984, around 9:30 p.m., Fred Duncan and Patricia Tyrell visited the Park City home of Brian Oliver. At approximately 11:00 p.m., an individual broke through the front door of Oliver's house and fatally shot Duncan in the head...

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