SALT LAKE CITY v. MALOCH

No. 20120654-CA.

314 P.3d 1049 (2013)

2013 UT App 249

SALT LAKE CITY, Plaintiff and Appellee, v. Timothy Michael MALOCH, Defendant and Appellant.

Court of Appeals of Utah.

October 18, 2013.


Attorney(s) appearing for the Case

Richard G. Sorenson , Salt Lake City, for Appellant.

Padma Veeru-Collings and Steven L. Newton , Kaysville, for Appellee.

Judge JAMES Z. DAVIS authored this Memorandum Decision, in which Judge STEPHEN L. ROTH and Senior Judge RUSSELL W. BENCH concurred.


Memorandum Decision

DAVIS, Judge:

¶ 1 Timothy Michael Maloch appeals from his conviction under Utah Code section 76-10-507, which states, "Every person having upon his person any dangerous weapon with intent to unlawfully assault another is guilty of a class A misdemeanor," Utah Code Ann. § 76-10-507 (LexisNexis 2012). "Assault" in this context includes "a threat, accompanied by a show of immediate force or violence, to do bodily injury to another...

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