STATE v. MERRILL

No. 950430-CA.

928 P.2d 401 (1996)

STATE of Utah, Plaintiff and Appellee, v. Stewart Lester MERRILL, Defendant and Appellant.

Court of Appeals of Utah.

November 29, 1996.


Attorney(s) appearing for the Case

Ronald S. Fujino, Rebecca Hyde and Lisa J. Remal, Salt Lake Legal Defender Association, Salt Lake City, for Defendant and Appellant.

Jan Graham, Attorney General, and Kris C. Leonard, Assistant Attorney General, Salt Lake City, for Plaintiff and Appellee.

Before DAVIS, Associate P.J., and BENCH and BILLINGS, JJ.


OPINION

BILLINGS, Judge:

Stewart Lester Merrill appeals a conviction of theft, a third-degree felony, in violation of Utah Code Ann. § 76-6-404 (1995). Merrill claims that during the jury selection process, the prosecutor improperly used a peremptory challenge to dismiss a potential juror based on that potential juror's race. Merrill also claims that the trial court erred in not giving the jury a reasonable alternative hypothesis instruction. We affirm...

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