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STATE v. NELSON

No. 970163-CA.

950 P.2d 940 (1997)

STATE of Utah, Plaintiff and Appellee, v. Diane Marie NELSON, Defendant and Appellant.

Court of Appeals of Utah.

December 26, 1997.

Attorney(s) appearing for the Case

Rebecca C. Hyde and Richard P. Mauro, Salt Lake City, for Defendant and Appellant.

Jan Graham and Marian Decker, Salt Lake City, for Plaintiff and Appellee.

Before WILKINS, Associate P.J., and BENCH and GREENWOOD, JJ.

OPINION

WILKINS, Associate Presiding Judge:

Defendant Diane Marie Nelson appeals her conviction for aggravated robbery, a first degree felony in violation of Utah Code Ann. § 76-6-302 (1995). Specifically, defendant challenges the trial court's denial of her motion to suppress eyewitness identification and argues the evidence is insufficient to support the charge of aggravated robbery. We vacate the conviction and remand for a new trial.

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