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STATE v. SPAINHOWER

No. 971726-CA.

988 P.2d 452 (1999)

STATE of Utah, Plaintiff and Appellee, v. Gary Wayne SPAINHOWER, Defendant and Appellant.

Court of Appeals of Utah.

October 7, 1999.

Attorney(s) appearing for the Case

D. Bruce Oliver, Salt Lake City, for Appellant.

Jan Graham, Attorney General, Kris C. Leonard, and Catherine M. Johnson, Assistant Attorneys General, Salt Lake City, for Appellee.

Before GREENWOOD, Associate P.J., and JACKSON, and ORME, JJ.

OPINION

ORME, Judge:

¶ 1 Appellant, Gary Wayne Spainhower, appeals his conviction for retaliation against a witness, in violation of Utah Code Ann. § 76-8-508(2)(c) (1995), arguing the evidence presented by the State was insufficient to make a prima facie showing that he "communicate[d] to a person a threat that a reasonable person would believe to be a threat to do bodily injury to the person." Id. We conclude

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