McArthur v. State

I concur with the Court’s decision to affirm the Appellant’s convictions in Count I and Count III and the modification of the sentence in Count I. However, while I agree with the Court’s application of the authority set forth in 22 O.S.Supp.1990, § 1066, I find the evidence is sufficient pursuant to our prior caselaw to affirm the conviction of Robbery with a Dangerous Weapon.

The Court adopts the holding in State v. Suniville, 741 P.2d 961 (Utah 1987), as the analysis applicable to 21 O.S.1981, § 801. The Supreme Court of Utah determined that a “subjective” analysis could not be utilized to…