State v. Smith

OPINION

THORNE, Judge.

¶ 1 Norm Smith appeals from convictions for using a concealed weapon in the commission of a crime of violence, a second degree felony, in violation of Utah Code Ann. § 76-10-504(3) (1995), and two counts of aggravated assault, both third degree felonies, in violation of Utah Code Ann. § 76-5-103 (1995). We affirm in part and reverse in part.

BACKGROUND 1

¶ 2 On the morning of April 9, 1996, Smith and his friend Clayton Call drove to Smith’s property in Virgin, Utah. Once there, Smith suspected that someone had vandalized or stolen some of his personal property. Both men…