STATE v. RICKS

No. 20111115-CA.

314 P.3d 1033 (2013)

2013 UT App 238

STATE of Utah, Plaintiff and Appellee, v. Brad R. RICKS, Defendant and Appellant.

Court of Appeals of Utah.

October 18, 2013.


Attorney(s) appearing for the Case

Randall W. Richards and Brittany R. Brown , Ogden, for Appellant.

John E. Swallow and Brett J. DelPorto , Salt Lake City, for Appellee.

Judge J. FREDERIC VOROS JR. authored this Opinion, in which Judges GREGORY K. ORME and MICHELE M. CHRISTIANSEN concurred.


Opinion

VOROS, Judge:

¶ 1 Defendant Brad R. Ricks and his friend Maurice Lee were drinking together one night in 2009. They got into what Ricks later called "a pissing match about who had the balls big enough to do something." At Lee's urging, Ricks fetched his semiautomatic pistol from the bedroom, placed it against Lee's forehead, and pulled the trigger. Ricks later testified that he expected to hear a clicking...

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