STATE v. RASABOUT

No. 20130430.

356 P.3d 1258 (2015)

2015 UT 72

STATE of Utah, Respondent, v. Andy RASABOUT, Petitioner.

Supreme Court of Utah.

August 14, 2015.


Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Ryan D. Tenney , Asst. Att'y Gen., Salt Lake City, for respondent.

Debra M. Nelson , Daniel Torrence , Salt Lake City, for petitioner.

Justice PARRISH authored the opinion of the Court, in which Justice DURHAM and Judge HARRIS joined in full, Chief Justice DURRANT joined except as to Part I.C, and Associate Chief Justice LEE joined except as to Part I.A, I.B. and I.C. Chief Justice DURRANT authored an opinion concurring in part and concurring in the judgment. Associate Chief Justice LEE authored an opinion concurring in part and concurring in the judgment. Due to his retirement, Justice NEHRING did not participate herein; District Court Judge RYAN HARRIS sat. Justice DENO G. HIMONAS became a member of the Court on February 13, 2015, after oral argument in this matter, and accordingly did not participate.


INTRODUCTION

¶ 1 Andy Rasabout fired twelve shots at a house in a gang-related drive-by shooting. A jury convicted him of twelve felony counts of unlawful discharge of a firearm, in violation of Utah Code section 76-10-508. The trial court merged the...

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