State v. Haston

Defendant was convicted, by a jury, of attempted second degree murder. 1 He appealed, and we poured the case over to the Utah Court of Appeals, which affirmed the conviction. See State v. Haston, 811 P.2d 929 (Utah Ct.App.1991).

This court granted certiorari to consider a single issue that the court of appeals did not address, namely, whether defendant could be prosecuted for attempted second degree murder under the “depraved indifference” language of Utah Code Ann. § 76-5-203(l)(c).

Recently, in State v. Vigil, 842 P.2d 843 (Utah 1992), this court held that Utah does not recognize the crime of…