STATE v. PASCUAL

No. 900274-CA.

804 P.2d 553 (1991)

STATE of Utah, Plaintiff and Appellee, v. Danilo PASCUAL, Defendant and Appellant.

Court of Appeals of Utah.

January 11, 1991.


Attorney(s) appearing for the Case

Randine Salerno (argued), and Gary L. Gale, Ogden, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen., and Charlene Barlow (argued), Salt Lake City, for plaintiff and appellee.

Before BENCH, GARFF and GREENWOOD, JJ.


OPINION

BENCH, Judge:

On June 25, 1988, Todd Salazar was shot and killed outside his home in Ogden, Utah. Defendant Danilo Pascual was subsequently convicted by a jury of criminal homicide in the second degree, in violation of Utah Code Ann. § 76-5-203 (1990). Defendant appeals his conviction on three grounds: (1) that plain error was committed when the court did not give a cautionary instruction on eyewitness testimony; (2) that he was denied the assistance...

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