State v. Wessendorf

OPINION

GREENWOOD, Judge:

Darrell Lawrence Wessendorf appeals from his conviction, after a bench trial, of manslaughter, a second degree felony in violation of Utah Code Ann. § 76-5-205 (Supp.1989). Wessendorf appeals, claiming his acts constituted, at most, negligent homicide, not manslaughter, and that the death of Stevie Kirkwood was caused by the intervening treatment or negligence of medical personnel.

On May 7, 1987, Willis Kelton picked up Wessendorf at the home of Jeri Ann and Marshall Kirkwood in LaVerkin, Utah, where Wessendorf rented an upstairs room. As Kelton and Wessendorf were…