STATE v. HOLGATE

No. 990313.

10 P.3d 346 (2000)

2000 UT 74

STATE of Utah, Plaintiff and Appellee, v. Sean Hale HOLGATE, Defendant and Appellant.

Supreme Court of Utah.

September 19, 2000.


Attorney(s) appearing for the Case

Jan Graham, Att'y Gen., Scott Keith Wilson, Jeffrey S. Gray, Asst. Att'ys Gen., Salt Lake City, for plaintiff.

John D. O'Connell, Jr., Kent R. Hart, Heidi Buchi, Salt Lake City, for defendant.


RUSSON, Associate Chief Justice:

¶ 1 Defendant Sean Holgate was tried before a jury and convicted of murder and aggravated burglary. Holgate argues on appeal that there was insufficient evidence to sustain a conviction on either count. Holgate failed to raise the sufficiency of the evidence issue below, but argues that he should be entitled to raise such a claim initially on appeal.

BACKGROUND

¶ 2 "On appeal, we review the record facts...

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