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STATE v. MARTIN

No. 20000853.

44 P.3d 805 (2002)

2002 UT 34

STATE of Utah, Plaintiff and Appellee, v. Jeffrey Dean MARTIN, Defendant and Appellant.

Supreme Court of Utah.

March 29, 2002.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Marian Decker, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Scott C. Williams, Linda M. Jones, Salt Lake City, for defendant.

AMENDED OPINION

RUSSON, Associate Chief Justice.

¶ 1 Defendant Jeffrey Dean Martin ("Martin") appeals the denial of his motion for a new trial, which was based on new evidence discovered following our remand order in State v. Martin, 1999 UT 72, 984 P.2d 975 ("Martin I"). Prior to our remand order, a jury convicted Martin of rape, a first degree felony, in violation of Utah Code Ann. § 76-5-402 (1999...

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