State v. Berriel

MEMORANDUM DECISION

ROTH, Judge:

T1 Darren Berriel appeals his convictions for aggravated assault, a third degree felony, see Utah Code Ann. § 76-5-108(1)(b), (8) (2008) (current version at id. § 76-5-103(1)(a), (2)(a) (Supp.2011)), and possession of a deadly weapon with intent to assault, a class A misdemeanor, see id. § 76-10-507 (2008). First, he argues that the trial court erred in refusing to instruct the jury on justification for the use of force in defense of another as a defense to the aggravated assault charge. Second, he contends that the trial court erroneously denied his motion to…