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STATE v. GONZALES

No. 990147-CA.

2 P.3d 954 (2000)

2000 Utah Ct. App. 136

STATE of Utah, Plaintiff and Appellee, v. Joseph GONZALES, Defendant and Appellant.

Court of Appeals of Utah.

May 11, 2000.

Attorney(s) appearing for the Case

Shelden R. Carter, Harris & Carter, Provo, for Appellant.

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

Before Judges BILLINGS, DAVIS, and ORME.

OPINION

BILLINGS, Judge:

¶ 1 Joseph Gonzales (defendant) appeals his conviction for tampering with evidence in violation of Utah Code Ann. § 76-8-510 (1999). We reverse.

FACTS

¶ 2 "On appeal, we recite the facts in the light most favorable to the jury's verdict." State v. Burk, 839 P.2d 880, 882 (Utah Ct.App.1992).

¶ 3 In the early morning hours of August 17, 1997, defendant...

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