STATE v. SPILLERS

No. 20040346-CA.

116 P.3d 985 (2005)

2005 UT App 283

STATE of Utah, Plaintiff and Appellee, v. Billy Frank SPILLERS, Defendant and Appellant.

Court of Appeals of Utah.

June 23, 2005.


Attorney(s) appearing for the Case

Linda M. Jones, Salt Lake Legal Defender Association, Salt Lake City, for Appellant.

Mark L. Shurtleff, Attorney General, and Matthew D. Bates, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges BILLINGS, DAVIS, and THORNE.


OPINION

BILLINGS, Presiding Judge:

¶1 Defendant Billy Frank Spillers appeals his conviction for first degree murder, in violation of Utah Code section 76-5-203. See Utah Code Ann. § 76-5-203 (1999). Defendant asserts that the trial court erred by failing to instruct the jury on the lesser included offense of manslaughter and by excluding evidence of the victim's criminal past. We reverse and remand.

BACKGROUND

¶2 On...

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