STATE v. JONES

No. 930491-CA.

878 P.2d 1175 (1994)

STATE of Utah, Plaintiff and Appellee, v. Kyle Earl JONES, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied August 16, 1994.


Attorney(s) appearing for the Case

Michael A. Peterson (argued), Brooke C. Wells, Salt Lake Legal Defender Ass'n, Salt Lake City, for appellant.

Jan Graham, State Atty. Gen., Kenneth A. Bronston (argued), Asst. Atty. Gen., Salt Lake City, for appellee.

Before BILLINGS, DAVIS and GREENWOOD, JJ.


OPINION

GREENWOOD, Judge:

Defendant, Kyle Earl Jones, appeals his conviction of gross lewdness, a class A misdemeanor, in violation of Utah Code Ann. § 76-9-702(3) (1990). Defendant argues on appeal that the trial court should have instructed the jury on the lesser included offense of assault, and that his motion for a new trial should have been granted after the prosecutor made prejudicial comments during...

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