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STATE v. REBER

No. 20040371-CA.

128 P.3d 1211 (2005)

2005 UT App 485

STATE of Utah, Plaintiff and Appellee, v. Rickie L. REBER, Steven Paul Thunehorst, and Tex William Atkins, Defendants and Appellants. Ute Indian Tribe, Amicus Curiae.

Court of Appeals of Utah.

Rehearing Denied March 1, 2006.

Attorney(s) appearing for the Case

Michael L. Humiston, Heber City, for Appellants.

Mark L. Shurtleff, Atty. Gen. and Joanne C. Slotnik, Asst. Atty. Gen., Salt Lake City, for Appellee.

Kimberly D. Washburn, Draper, Tod J. Smith, Boulder, Colorado, and Charles L. Kaiser, Charles A. Breer, and Peter J. Hack, Davis, Graham & Stubbs, LLP, Denver, Colorado, for Amicus Curiae.

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

BENCH, Associate Presiding Judge:

¶ 1 Defendant Reber appeals his conviction for one count of aiding or assisting in wanton destruction of protected wildlife, a third degree felony in violation of Utah Code sections 23-20-4 and -23. See Utah Code Ann. §§ 23-20-4, -23 (2003 & Supp.2005). Defendants Thunehorst and Atkins appeal their conditional pleas of attempted wanton destruction of protected wildlife, a class B misdemeanor. See id.<...

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