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STATE v. ANDERSON

No. 20060099-CA.

169 P.3d 778 (2007)

2007 UT App 304

STATE of Utah, Plaintiff, Appellant, and Cross-appellee, v. Darrell Dean ANDERSON, Defendant, Appellee, and Cross-appellant.

Court of Appeals of Utah.

September 20, 2007.

Attorney(s) appearing for the Case

Mark L. Shurtleff, atty. gen., and Kenneth A. Bronston, asst. atty. gen., Salt Lake City, for Appellant and Cross-appellee.

Merlin G. Calver and J. Keith Henderson, Ogden, for Appellee and Cross-appellant.

Before GREENWOOD, Associate P.J., DAVIS and McHUGH, JJ.

OPINION

GREENWOOD, Associate Presiding Judge:

¶ 1 Defendant Darrell Dean Anderson was convicted by a jury of one count of simple assault and one count of violating a protective order, both class A misdemeanors. The State appeals, arguing that Defendant's convictions should have been enhanced to third degree felonies. See Utah Code Ann. § 77-36-1.1 (2002). Defendant cross-appeals, arguing that even...

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