State v. Garcia

OPINION

BENCH, Judge:

Defendant Pedro Garcia appeals from his conviction on two counts of aggravated assault. We affirm one conviction and reverse the other.

At a party on February 7, 1986, Maria Villagerana was injured and her brother-in-law Lorenzo Bejarano was shot in the back of the head. Maria identified defendant as the assailant. Defendant was subsequently charged with two counts of aggravated assault in violation of Utah Code Ann. § 76-5-103 (1978).

At trial, Maria testified that during the party, she went to the restroom to fix her make-up. As she emerged from the restroom, defendant…