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STATE v. MURDOCK

No. 20090283-CA.

253 P.3d 80 (2011)

2011 UT App 71

STATE of Utah, Plaintiff and Appellee, v. Stony Shay MURDOCK, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied June 21, 2011.

Attorney(s) appearing for the Case

Linda M. Jones , Salt Lake City, for Appellant.

Mark L. Shurtleff and Jeffrey S. Gray , Salt Lake City, for Appellee.

Before Judges McHUGH, THORNE, and CHRISTIANSEN.

MEMORANDUM DECISION

CHRISTIANSEN, Judge:

¶ 1 Defendant Stony Shay Murdock challenges his forcible sodomy conviction, see Utah Code Ann. § 76-5-403(1)-(2) (2008), arguing that the trial court abused its discretion under rule 16 of the Utah Rules of Criminal Procedure when it refused to grant a mistrial or to allow him the opportunity to conduct further discovery on the testing status of a second DNA swab (the DNA swab) due to the State's...

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