STATE v. MONTOYA

No. 20010458.

84 P.3d 1183 (2004)

2004 UT 5

STATE of Utah, Plaintiff and Appellee, v. Peter Victor MONTOYA, Defendant and Appellant.

Supreme Court of Utah.

January 23, 2004.


Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Joanne C. Slotnik, J. Frederic Voros, Jr., Asst. Att'ys Gen., Carlos Esqueda, Cy Castle, Deputy Salt Lake Dist. Att'ys, Salt Lake City, for plaintiff.

Sharon Preston, Salt Lake City, for defendant.


DURRANT, Associate Chief Justice:

¶ 1 Defendant Peter Victor Montoya was tried and convicted on one count of criminal homicide, a first degree felony, and two counts of attempted criminal homicide. On appeal, defendant argues that the trial court erred in denying his motion for a new trial based on newly discovered evidence. Alternatively, defendant argues that he received ineffective assistance of counsel because the contested evidence was not produced at trial...

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