STATE v. BERRIEL

No. 20090665-CA.

262 P.3d 1212 (2011)

2011 UT App 317

STATE of Utah, Plaintiff and Appellee, v. Darren BERRIEL, Defendant and Appellant.

Court of Appeals of Utah.

September 15, 2011.


Attorney(s) appearing for the Case

Margaret P. Lindsay and Douglas J. Thompson , Provo, for Appellant.

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

Before Judges DAVIS, THORNE, and ROTH.


MEMORANDUM DECISION

ROTH, Judge:

¶ 1 Darren Berriel appeals his convictions for aggravated assault, a third degree felony, see Utah Code Ann. § 76-5-103(1)(b), (3) (2008) (current version at id. § 76-5-103(1)(a), (2)(a) (Supp.2011)), and possession of a deadly weapon with intent to assault, a class A misdemeanor, see id. § 76-10-507 (2008). First, he argues that the trial court erred in refusing to instruct the jury...

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