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STATE v. BARBER

No. 20060663-CA.

206 P.3d 1223 (2009)

2009 UT App 91

STATE of Utah, Plaintiff and Appellee, v. Mike Cory BARBER, Defendant and Appellant.

Court of Appeals of Utah.

April 9, 2009.

Attorney(s) appearing for the Case

Lori J. Seppi, Salt Lake City, for Appellant.

Mark L. Shurtleff, Atty. Gen., and Karen A. Klucznik, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before Judges GREENWOOD, McHUGH, and BILLINGS.

OPINION

McHUGH, Judge:

¶ 1 Mike Cory Barber appeals his conviction of child abuse, see Utah Code Ann. § 76-5-109 (2008). We reverse and remand for a new trial.

BACKGROUND2

¶ 2 On March 2, 2005, two-year-old D.A. was flown by Life Flight to Primary Children's Medical Center. D.A. was suffering from a traumatic brain injury that necessitated removing half of his skull; trauma to his eye that...

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