State v. Codianna

WILKINS, Justice:

All statutory references are to Utah Code Annotated, 1953, as enacted in 1973, Title 76, Utah Criminal Code, unless otherwise indicated.

On August 8, 1975, Defendants Gypsy Allen Codianna, Irvin Paul Dunsdon and Craig Derrickson Marvell were convicted by a jury in the District Court for Carbon County of the crime of murder in the first degree of Michael Hogan in violation of Section 76-5-202(l)(d), as enacted in 1973.1 After the return of the verdict, each defendant in person and by his attorney waived the jury for the penalty phase of the trial, which was held before the…