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STATE v. DURAN

No. 20090943-CA.

262 P.3d 468 (2011)

2011 UT App 254

STATE of Utah, Plaintiff and Appellee, v. Anthony Joseph DURAN, Defendant and Appellant.

Court of Appeals of Utah.

August 4, 2011.

Attorney(s) appearing for the Case

Samuel P. Newton , Ogden, for Appellant.

Mark L. Shurtleff and Marian Decker , Salt Lake City, for Appellee.

Before Judges McHUGH, THORNE, and ROTH.

OPINION

McHUGH, Associate Presiding Judge:

¶ 1 Anthony Joseph Duran appeals his convictions for burglary, a first degree felony, and theft, a third degree felony. He argues first that the trial court erred in denying his motion for a mistrial both because he was entitled to have the jury determine whether he was a habitual violent offender (HVO) and because a testifying police officer improperly referred to his criminal history. Duran also claims that...

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