State v. Winward

OPINION

ORME, Presiding Judge:

Emer Kent Winward appeals his conviction of forgery, a second degree felony, in violation of Utah Code Ann. § 76-6-501 (1995). We reverse and remand.

FACTS

We view the evidence in the light most favorable to the jury’s verdict, but present conflicting evidence to the extent necessary to clarify the issues raised on appeal. State v. Dunn, 850 P.2d 1201, 1205-06 (Utah 1993).

In the summer of 1992, George and Marie Bauer listed their home in Cedar City for sale with ERA Realty. Approximately one year later, Nicole Packer, 1 in concert with defendant and his spouse, Kim…