State v. Kalisz

Defendant Stephen John Kalisz appeals from his conviction of aggravated robbery, a first degree felony under section 76-6-302 of the Utah Criminal Code. Kalisz’s conviction stems from the same aggravated robbery charge that resulted in the conviction of John R. Remington, State v. Remington, 737 P.2d 168, (Utah 1987). Kalisz’s appeal raises the same legal issues advanced in Remington: (1) failure of the trial court to give a cautionary eyewitness instruction, and (2) insufficiency of the evidence to convict Kalisz of aggravated robbery. We reverse the conviction for insufficiency of evidence…