State v. Lancaster

HOWE, Associate Chief Justice:

Defendant appeals from a conviction and sentence for aggravated assault by a prisoner, in violation of Utah Code Ann. § 76-5-103.5(2)(a) (1978).

On April 17, 1986, defendant, while serving a sentence of five years to life in the Utah state prison, attacked a guard with a homemade knife. He inflicted one wound in the guard’s arm which required eight stitches and another in the guard’s leg.

An information was filed charging defendant with “aggravated assault by a prisoner.” It erroneously charged him with violating Utah Code Ann. § 76-5-103.5(2)(b) (a capital felony…