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STATE v. AUGUSTINE

No. 20110454-CA.

298 P.3d 693 (2013)

2013 UT App 61

STATE of Utah, Plaintiff and Appellee, v. Cody Jesse AUGUSTINE, Defendant and Appellant.

Court of Appeals of Utah.

March 7, 2013.

Attorney(s) appearing for the Case

Stephen W. Howard , Attorney for Appellant.

John E. Swallow and Karen A. Klucznik , Attorneys for Appellee.

Memorandum Decision

DAVIS, Judge:

¶ 1 Cody Jesse Augustine appeals his conviction for attempted murder, a first degree felony, see Utah Code Ann. § 76-5-203(2)-(3) (LexisNexis 2012);1 id. §§ 76-4-101, -102, arguing that the trial court's exclusion of his expert witness and permitting the prosecution to call Scott Stapley2

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