STATE v. HERNANDEZ

No. 20020879-CA.

128 P.3d 556 (2005)

2005 UT App 546

STATE of Utah, Plaintiff and Appellee, v. Dominique P. HERNANDEZ, Defendant and Appellant.

Court of Appeals of Utah.

December 15, 2005.


Attorney(s) appearing for the Case

Elizabeth Hunt, Salt Lake City, for Appellant.

Mark L. Shurtleff, Atty. Gen., and Kenneth A. Bronston, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before BILLINGS, P.J., ORME, and THORNE, JJ.


OPINION

BILLINGS, Presiding Judge:

¶ 1 Defendant P. Dominique Hernandez appeals his jury conviction of aggravated robbery pursuant to Utah Code section 76-6-302. See Utah Code Ann. § 76-6-302 (2004). Defendant contends he deserves a new trial because (1) the trial court gave a defective reasonable doubt jury instruction and (2) Defendant received ineffective assistance of counsel at trial. We reverse and remand for a new trial.

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