State v. Berriel

Justice DURHAM,

opinion of the Court:

INTRODUCTION

T 1 On certiorari, we consider whether the court of appeals erred in affirming the district court's refusal to instruct the jury on defense of a third person. We consider whether the evidence supports defendant Darren Berriel's theory that he stabbed the victim in defense of a third person under Utah Code section 76~2-402. We agree with the court of appeals that there is no basis in the evidence to support this theory and accordingly affirm.

BACKGROUND

2 Darren Berriel was convicted of aggravated assault for stabbing the victim, Luis. On the…