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STATE v. TUCKETT

No. 990734-CA.

13 P.3d 1060 (2000)

2000 UT App 295

STATE of Utah, Plaintiff and Appellee, v. Darren James TUCKETT, Defendant and Appellant.

Court of Appeals of Utah.

November 2, 2000.

Attorney(s) appearing for the Case

Margaret P. Lindsay, Aldrich, Nelson, Weight & Esplin, Provo, for Appellant.

Jan Graham, Atty. Gen., and J. Frederic Voros, Jr., Asst. Atty. Gen., Salt Lake City, for Appellee.

Before GREENWOOD, P.J., and BENCH, THORNE, J.

OPINION

BENCH, Judge:

¶ 1 Appellant Darren James Tuckett appeals from a conviction of homicide by assault, a third degree felony, in violation of Utah Code Ann. § 76-5-209 (1999). We affirm.

BACKGROUND

¶ 2 On November 15, 1998, Tuckett went to see Greg Alvey, who was staying with the Openshaws. Tuckett began pounding on the kitchen door and yelling. Ardella Openshaw and her daughter...

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