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STATE v. MACHAN

No. 20110961.

322 P.3d 655 (2013)

2013 UT 72

STATE of Utah, Petitioner, v. Wesley Howard MACHAN, Respondent.

Supreme Court of Utah.

December 3, 2013.

Attorney(s) appearing for the Case

Brian L. Tarbet , Interim Att'y Gen., Karen A. Klucznik , Asst. Att'y Gen., Salt Lake City, for petitioner.

Karen Stam , Joan C. Watt , Peter A. Daines , Salt Lake City, for respondent.

Justice DURHAM, opinion of the Court:

INTRODUCTION

¶ 1 Wesley Machan was charged with aggravated burglary, aggravated assault, and commission of domestic violence in the presence of a child after he entered a home he owned with his estranged wife and brandished a rifle. Mr. Machan had been arrested and removed from the home six months prior to this incident and had been living in a separate residence due to a restraining order against him. Three weeks...

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