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STATE v. POWELL

No. 20050810.

154 P.3d 788 (2007)

2007 UT 9

STATE of Utah, Plaintiff and Appellee, v. Thomas Charles POWELL, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied March 9, 2007.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Matthew D. Bates, Asst. Att'y Gen., Kenneth R. Updegrove, Salt Lake City, for plaintiff.

Elizabeth Hunt, Salt Lake City, for defendant.

DURRANT, Justice:

INTRODUCTION

¶ 1 In a jury trial, Thomas Powell was convicted of aggravated burglary, a first-degree felony, and attempted murder, a second-degree felony. In this direct appeal, Powell presents three arguments for reversal: (1) the district court's jury instruction for attempted murder erroneously allowed for a conviction based on a "knowing" or "depraved indifference" mens rea; (2) the district court erroneously denied his request...

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