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STATE v. SMITH

Nos. 20030341, 20030342.

122 P.3d 615 (2005)

2005 UT 57

STATE of Utah, Plaintiff, Respondent, and Cross-Petitioner, v. Norm SMITH, Defendant, Petitioner, and Cross-Respondent.

Supreme Court of Utah.

September 2, 2005.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Jeffrey S. Gray, Brock R. Belnap, Asst. Att'ys Gen., Salt Lake City, for plaintiff.

Margaret P. Lindsay, Aaron P. Dodd, Provo, for defendant.

On Certiorari to the Utah Court of Appeals

DURHAM, Chief Justice:

¶ 1 This case is before us on cross-petitions for certiorari. We are first asked to determine whether the offense of aggravated assault under Utah Code section 76-5-103 is a lesser included offense that, under Utah Code section 76-1-402(3), should have merged with the offense of second-degree use of a concealed weapon under Utah Code section 76-10-504(3), as it existed in 1996. We conclude...

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