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STATE v. PAUL

No. 920517-CA.

860 P.2d 992 (1993)

STATE of Utah, Plaintiff and Appellant, v. Nick A. PAUL, Defendant and Appellee.

Court of Appeals of Utah.

October 6, 1993.

Attorney(s) appearing for the Case

David E. Yocom and Paul B. Parker, Salt Lake City, for plaintiff and appellant.

Deborah Kreeck Mendez, Salt Lake City, for defendant and appellee.

Before BENCH, RUSSON and GARFF, JJ.

OPINION

BENCH, Judge:

The State challenges the trial court's order granting defendant's motion to dismiss. We affirm.

FACTS

While confined as a prisoner in the Salt Lake County Jail, defendant allegedly spit on a correctional officer in May 1992. He was charged with assault on a correctional officer in violation of Utah Code Ann. § 76-5-102.6 (Supp.1993). The trial court granted defendant's motion to dismiss, holding that defendant...

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