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STATE v. HASTON

No. 900021-CA.

811 P.2d 929 (1991)

STATE of Utah, Plaintiff and Appellee, v. Robert T. HASTON, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied May 30, 1991.

Attorney(s) appearing for the Case

Lisa J. Remal and Ronald S. Fujino, argued, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen., and Judith S.H. Atherton, Asst. Atty. Gen., argued, Salt Lake City, for plaintiff and appellee.

Before GREENWOOD, JACKSON and ORME, JJ.

OPINION

ORME, Judge:

Defendant Robert T. Haston appeals his conviction for attempted criminal homicide, a second degree felony. Defendant also challenges enhancement of his sentence for use of a firearm and imposition of fines, surcharge, costs, and restitution. We affirm his conviction but remand for resentencing.

FACTS

Defendant's companion, David Ezzeddine, had received his government assistance payment on August 2, 1989. The proceeds...

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