State v. Pascual

OPINION

BENCH, Judge:

On June 25, 1988, Todd Salazar was shot and killed outside his home in Ogden, Utah. Defendant Danilo Pascual was subsequently convicted by a jury of criminal homicide in the second degree, in violation of Utah Code Ann. § 76-5-203 (1990). Defendant appeals his conviction on three grounds: (1) that plain error was committed when the court did not give a cautionary instruction on eyewitness testimony; (2) that he was denied the assistance of effective counsel; and (3) that the trial court abused its discretion in refusing to admit certain evidence. We affirm.

FACTS

Although…