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STATE v. GUARD

No. 20100720-CA.

316 P.3d 444 (2013)

2013 UT App 270

STATE of Utah, Plaintiff and Appellee, v. Jimmy D. GUARD, Defendant and Appellant.

Court of Appeals of Utah.

November 15, 2013.

Attorney(s) appearing for the Case

Margaret P. Lindsay and Matthew R. Morrise , for Appellant.

John E. Swallow and Jeffrey S. Gray , for Appellee.

Judge STEPHEN L. ROTH authored this Opinion, in which Judges CAROLYN B. McHUGH and MICHELE M. CHRISTIANSEN concurred.

Opinion

ROTH, Judge:

¶ 1 Jimmy D. Guard appeals from his conviction for child kidnapping. Guard asserts that the trial court abused its discretion when it excluded his expert's testimony on the reliability of eyewitness identification from trial. We vacate the conviction and remand for a new trial.

BACKGROUND

¶ 2 Guard's conviction for child kidnapping resulted from the following evidence. Between 3:00 and 4:00 p.m. on November...

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