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STATE v. CHARLES

No. 20090845-CA.

263 P.3d 469 (2011)

2011 UT App 291

STATE of Utah, Plaintiff and Appellee, v. Billy Justin CHARLES, Defendant and Appellant.

Court of Appeals of Utah.

August 25, 2011.

Attorney(s) appearing for the Case

Troy L. Booher and Katherine Carreau , Salt Lake City, for Appellant.

Mark L. Shurtleff and Ryan D. Tenney , Salt Lake City, for Appellee.

Before Judges DAVIS, ORME, and ROTH.

OPINION

ORME, Judge:

¶ 1 Defendant Billy Charles appeals his 2009 conviction of murder, a first-degree felony, see Utah Code Ann. § 76-5-203 (Supp. 2010),1 on the grounds that his constitutional right to due process was violated, his trial counsel was ineffective, and the trial court erred by failing to provide a jury instruction on jailhouse informant testimony. We reverse and remand for a new trial.

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