STATE v. TINOCO

No. 920665-CA.

860 P.2d 988 (1993)

STATE of Utah, Plaintiff and Appellee, v. Francisco TINOCO, Defendant and Appellant.

Court of Appeals of Utah.

October 6, 1993.


Attorney(s) appearing for the Case

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

Jan Graham and Kris C. Leonard, Asst. Atty. Gen. (argued), Salt Lake City, for plaintiff-appellee.

Before BILLINGS, GREENWOOD and ORME, JJ.


OPINION

BILLINGS, Presiding Judge:

Defendant Francisco Tinoco appeals his conviction of aggravated assault, a third degree felony, in violation of Utah Code Ann. § 76-5-103 (1990). We affirm.

FACTS

On April 20, 1992, defendant, his friend Rogellio Quinones, and his neighbor Jesus Estrada were drinking beer and visiting in defendant's home. While there, defendant shot Estrada in the upper arm with a shotgun. Trial testimony conflicted...

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