State v. Murdock

MEMORANDUM DECISION

CHRISTIANSEN, Judge:

{1 Defendant Stony Shay Murdock challenges his forcible sodomy conviction, see Utah Code Ann. § 76-5-408(1)-(2) (2008), arguing that the trial court abused its discretion under rule 16 of the Utah Rules of Criminal Procedure when it refused to grant a mistrial or to allow him the opportunity to conduct further discovery on the testing status of a second DNA swab (the DNA swab) due to the State's discovery violation, see Utah R.Crim. P. 1 We affirm.

1 2 Although it is questionable whether the prosecutor actually violated the discovery rules, we will assume…