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STATE v. MENDOZA

No. 950337-CA.

938 P.2d 303 (1997)

STATE of Utah, Plaintiff and Appellee, v. Edgardo MENDOZA, Defendant and Appellant.

Court of Appeals of Utah.

May 15, 1997.

Attorney(s) appearing for the Case

Joan C. Watt and Janet Miller, Salt Lake City, for Defendant and Appellant.

Jan Graham and Brent A. Burnett, Salt Lake City, for Plaintiff and Appellee.

Before WILKINS, GREENWOOD and JACKSON, JJ.

OPINION

GREENWOOD, Judge:

Defendant Edgardo Mendoza challenges, by interlocutory appeal, the trial court's order denying his motion to dismiss a charge of Assault on a Correctional Officer, a class A misdemeanor, in violation of Utah Code Ann. § 76-5-102.6 (1995). We affirm.

BACKGROUND

The facts in this case are undisputed. On August 7, 1994, Mendoza, a prison inmate, allegedly threw a mixture...

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