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STATE v. SAMPSON

No. 890327-CA.

808 P.2d 1100 (1991)

STATE of Utah, Plaintiff and Appellee, v. Carlos R. SAMPSON, Defendant and Appellant.

Court of Appeals of Utah.

On Rehearing March 15, 1991.

Attorney(s) appearing for the Case

Andrew A. Valdez, Elizabeth A. Bowman, argued, and Richard G. Uday, argued, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

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

Before BILLINGS, GREENWOOD and ORME, JJ.

OPINION

ORME, Judge:

Defendant appeals his conviction for criminal homicide, murder in the second degree, a first degree felony in violation of Utah Code Ann. § 76-5-203 (1990). We reverse and remand for a new trial.

On November 24, 1986, at approximately 10:30 p.m., defendant entered a 7-Eleven store in Salt Lake County and told the clerks that his daughter had been kidnapped. He asked them to call the police, which they did.

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