State v. Powell

HOWE, Justice:

Defendant Frank Gene Powell appeals from a conviction of second degree murder under Utah Code Ann. § 76-5-203 (1990). 1 He contends that (1) the depraved indifference murder jury instruction was erroneous; (2) the trial court should not have mandated a particular order of deliberation by the jury; (3) his constitutional right to a unanimous verdict was violated; (4) there was insufficient evidence to convict him; and (5) he should have been given the statutory sentence for manslaughter, which is a lesser included offense.

FACTS

We state the version of the facts most favorable to…