State v. Heaton

RUSSON, Justice:

INTRODUCTION

Defendant John M. Heaton appeals a judgment entered on a jury verdict finding him guilty of aggravated robbery, a first degree felony, and evading arrest, a third degree felony. We reverse.

BACKGROUND

Because some of the dates corresponding to the facts in this case are critical to the resolution of this appeal, we provide a detailed chronological summary of the relevant events.

On July 18, 1994, Heaton was arrested for the robbery of an Albertson’s grocery store in Roy, Utah. The next day, Heaton waived his right to a preliminary hearing and was bound over to…