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STATE v. AIKEN

No. 20190678-CA.

530 P.3d 148 (2023)

2023 UT App 44

STATE of Utah, Appellee, v. Dalton James AIKEN, Appellant.

Court of Appeals of Utah.

Filed April 27, 2023.

Attorney(s) appearing for the Case

Emily Adams , Freyja Johnson , Salt Lake City, and Cherise Bacalski , Attorneys for Appellant.

Sean D. Reyes , Kris C. Leonard , Salt Lake City, and Jonathan S. Bauer , Attorneys for Appellee.

Justice Diana Hagen authored this Opinion, in which Justice Jill M. Pohlman and Judge Ryan M. Harris concurred.

Opinion

¶1 Around 3:00 a.m. on an August morning, Dalton Aiken and his friend, Cory Fitzwater, set out to "fight a homeless guy." They searched a wooded area near Ogden's 21st Street pond for encampments and found the victim asleep next to a campfire. According to Aiken, Fitzwater woke the victim and shot him in the...

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