STATE v. JOHNSON

No. 20050599.

150 P.3d 538 (2006)

2006 UT 83

STATE of Utah, Plaintiff and Respondent, v. Ryan Wayne JOHNSON, Defendant and Petitioner.

Supreme Court of Utah.

December 15, 2006.


Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Brett J. Delporto, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Joan C. Watt, Patrick L. Anderson, Debra Meek Nelson, Salt Lake City, for defendant.


On Certiorari to the Utah Court of Appeals

PARRISH, Justice:

¶ 1 Defendant Ryan Wayne Johnson seeks to have five charges of aggravated robbery reduced to simple robbery. Johnson argues that a concealed gesture of a hand in a pocket cannot sustain a charge of aggravated robbery unless it is accompanied by "a verbal representation or threat." The district court agreed and reduced the charges. On interlocutory appeal, however, the court of appeals reversed...

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