State v. Paul

OPINION

BENCH, Judge:

The State challenges the trial court’s order granting defendant’s motion to dismiss. We affirm.

FACTS

While confined as a prisoner in the Salt Lake County Jail, defendant allegedly spit on a correctional officer in May 1992. He was charged with assault on a correctional officer in violation of Utah Code Ann. § 76-5-102.6 (Supp.1993). The trial court granted defendant’s motion to dismiss, holding that defendant’s conduct did not violate section 76-5-102.6. This appeal followed.

STANDARD OF REVIEW

The State’s appeal turns on the interpretation of section 76-5-102.6. Questions of…