State v. Augustine

Memorandum Decision

DAVIS, Judge:

¶ 1 Cody Jesse Augustine appeals his conviction for attempted murder, a first degree felony, see Utah Code Ann. § 76 — 5—203(2)—(3) (LexisNexis 2012); 1 id. §§ 76-4-101, -102, arguing that the trial court’s exclusion of his expert witness and permitting the proseeu tion to call Scott Stapley 2 as a witness after Stapley made it clear that he would refuse to testify amounted to a violation of his constitutional right to present a full, fair, and complete defense. Augustine also argues that his trial counsel was ineffective for failing to object to the jury…