State v. Ellis

Associate Chief Justice Lee, opinion of the Court:

¶ 1 Christopher Ellis was found guilty of aggravated robbery and possession of a firearm by a restricted person. We reverse the aggravated robbery conviction but affirm the possession conviction.

¶ 2 We reverse the aggravated robbery conviction because we find prejudicial error in the admission of preliminary hearing testimony under rule 804 of the Utah Rules of Evidence. First, we find that the district court erred in its determination that the witness in question was unavailable for trial. We hold that unavailability may not be established…