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STATE v. SMITH

No. 990236-CA.

65 P.3d 648 (2003)

2003 UT App 52

STATE of Utah, Plaintiff and Appellee, v. Norm SMITH, Defendant and Appellant.

Court of Appeals of Utah.

February 21, 2003.

Attorney(s) appearing for the Case

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

Mark L. Shurtleff, Attorney General, and Jeffrey S. Gray, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges BILLINGS, ORME, and THORNE.

OPINION

THORNE, Judge.

¶ 1 Norm Smith appeals from convictions for using a concealed weapon in the commission of a crime of violence, a second degree felony, in violation of Utah Code Ann. § 76-10-504(3) (1995), and two counts of aggravated assault, both third degree felonies, in violation of Utah Code Ann. § 76-5-103 (1995). We affirm in part and reverse in part.

BACKGROUND1

¶ 2 On the morning...

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