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STATE v. PILLING

No. 930577-CA.

875 P.2d 604 (1994)

STATE of Utah, Plaintiff and Appellee, v. Michael Wayne PILLING, Defendant and Appellant.

Court of Appeals of Utah.

May 27, 1994.

Attorney(s) appearing for the Case

Bradley P. Rich (Argued), Yengich, Rich & Xaiz, Salt Lake City, for appellant.

Thomas B. Brunker (Argued), Asst. Atty. Gen., Jan Graham, State Atty. Gen., Salt Lake City, for state.

Before BILLINGS, DAVIS and GREENWOOD, JJ.

OPINION

BILLINGS, Presiding Judge:

Defendant Michael Wayne Pilling appeals his conviction for assault by a prisoner, a third degree felony, in violation of Utah Code Ann. § 76-5-102.5 (1990). We affirm.

FACTS

At approximately 4:30 a.m. on October 11, 1992, Officer Watkins received a call about a disturbance at an apartment complex in Helper, Utah. After arriving at the complex, Officer Watkins determined that the disturbance was coming...

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