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STATE v. STRODE

No. 20091023-CA.

264 P.3d 562 (2011)

2011 UT App 368

STATE of Utah, Plaintiff and Appellee, v. Spencer Russell STRODE, Defendant and Appellant.

Court of Appeals of Utah.

October 27, 2011.

Attorney(s) appearing for the Case

Brett M. Krauss , Logan, for Appellant.

Mark L. Shurtleff and Brett J. Delporto , Salt Lake City, for Appellee.

Before Judges ORME, THORNE, and CHRISTIANSEN.

DECISION

PER CURIAM:

¶ 1 Spencer Russell Strode appeals his conviction for attempted murder. Strode argues that trial counsel provided ineffective assistance by failing to make a motion to dismiss the case based upon the State's alleged failure to preserve certain evidence. We affirm.

¶ 2 In order to establish ineffective assistance of counsel a defendant must demonstrate that his counsel's performance was deficient and that he was prejudiced...

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