State v. Ontiveros

OPINION

JACKSON, Judge:

Defendant, Russell Michael Ontiveros, appeals from his conviction for manslaughter, a second-degree felony in violation of Utah Code Ann. § 76-5-205 (1990). We affirm.

BACKGROUND

A. Facts

On the evening of December 27, 1990, Jessie Roybal, Russell Michael Ontiveros, and Timothy Roderick Sandoval (a stepson of Russell Ontiveros), among others, gathered at Roybal’s apartment. The group sat around the kitchen table drinking alcoholic beverages.

Roybal became angry with Sandoval for occupying the telephone and began swearing and threatening to beat up Sandoval. When Ontiveros…