State v. Moritzsky

OPINION

ORME, Judge:

Defendant Joseph Moritzsky appeals his jury conviction of aggravated assault, a third degree felony in violation of Utah Code Ann. § 76-5-103 (1978). Defendant urges, through new counsel, reversal of his conviction due to his trial counsel’s failure to request the appropriate “defense of habitation” jury instruction. Defendant claims counsel’s failure rendered his assistance ineffective in contravention of the Sixth Amendment. We agree, and reverse defendant’s conviction.

FACTS

The relevant facts are gleaned mainly from the testimony of defendant and the victim of the charged…