STATE v. BERRIEL

No. 20110926.

299 P.3d 1133 (2013)

2013 UT 19

STATE of Utah, Plaintiff and Respondent, v. Darren BERRIEL, Defendant and Petitioner.

Supreme Court of Utah.

April 5, 2013.


Attorney(s) appearing for the Case

John E. Swallow , Att'y Gen., Ryan D. Tenney , Asst. Att'y Gen., for respondent.

Douglas J. Thompson , Provo, for petitioner.


On Certiorari to the Utah Court of Appeals

Justice DURHAM, opinion of the Court.

INTRODUCTION

¶ 1 On certiorari, we consider whether the court of appeals erred in affirming the district court's refusal to instruct the jury on defense of a third person. We consider whether the evidence supports defendant Darren Berriel's theory that he stabbed the victim in defense of a third person under Utah Code section 76-2-402. We agree with the court...

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