State v. Jaimez

OPINION

GARFF, Judge:

Defendant, Gregory Lynn Jaimez, appeals a conviction for injury to a jail, a third degree felony, in violation of Utah Code Ann. § 76-8-418 (1990). We affirm.

On November 7, 1989, Correction Officer Jay Nelson, Carbon County Sheriff's Office, was alone on duty in the Carbon County jail in the squad room, which is located directly under the inmates’ cells. At 11:30 p.m. he heard a commotion and went upstairs to investigate. He found some, if not all, of the seven inmates then incarcerated in a common area. Defendant asked to make a telephone call and Officer Nelson refused…