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STATE v. ORTIZ

Nos. 970427, 981584.

987 P.2d 39 (1999)

1999 UT 84

STATE of Utah, Plaintiff and Appellee, v. Wally Frank ORTIZ, Defendant and Appellant. State of Utah, Plaintiff and Appellee, v. Paul Christopher Allen, Defendant and Appellant.

Supreme Court of Utah.

September 10, 1999.

Attorney(s) appearing for the Case

Jan Graham, Att'y Gen., Thomas B. Brunker, Asst. Att'y Gen., Robert Stott, Salt Lake City, for plaintiff.

Joan C. Watt, Lisa J. Remal, Robin K. Ljungberg, Salt Lake City, for defendant.

Jan Graham, Att'y Gen., Christine Soltis, J. Frederic Voros, Jr., Asst. Att'ys Gen., William K. McGuire, Carvel R. Harward, Farmington, for plaintiff.

Ronald J. Yengich, Bradley P. Rich, Salt Lake City, for defendant.

ZIMMERMAN, Justice:

¶ 1 These two cases come before us on interlocutory appeal. They have been consolidated for decision. Defendants Paul C. Allen and Wally F. Ortiz are both charged with capital murder under section 76-3-207(4) of the Code. Both allegedly committed these crimes at a time when one convicted of a capital felony and not sentenced to death was to be sentenced to life in prison with the possibility of parole unless the jury could agree unanimously...

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