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STATE v. HOLBERT

No. 20010147-CA.

61 P.3d 291 (2002)

2002 UT App 426

STATE of Utah, Plaintiff and Appellee, v. Richard Leroy HOLBERT, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Granted December 11, 2002.

Attorney(s) appearing for the Case

Sharon S. Sipes, Ogden, for Appellant

Mark L. Shurtleff, Attorney General, and Jeanne B. Inouye, Assistant Attorney General, Salt Lake City, for Appellee.

Before BILLINGS, Associate P.J., and DAVIS, and ORME, JJ.

AMENDED OPINION1

DAVIS, Judge:

¶ 1 Defendant Richard L. Holbert (Defendant) appeals his conviction of aggravated kidnaping, a first degree felony, in violation of Utah Code Ann. § 76-5-302 (1999). We affirm.

BACKGROUND2

¶ 2 Suann Palmer (Wife) and Defendant were married for over eleven years and had five children together. Defendant and Wife had not been "getting along...

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