Legal Opinion

State v. Cristobal

Court of Appeals of Utah

Decided August 19, 2010No. 20090146-CAPublishedCited by 29 opinions

1Opinion of the Court

OPINION

ROTH, Judge:

T1 Defendant Luis Cristobal appeals the trial court's denial of his motion for a directed verdict, claiming that there was insufficient evidence to support enhancement of his criminal mischief conviction to a second degree felony for having "acted in concert with two or more persons." See Utah Code Aun. § T6-3-203.1(1), (8)(c), (4)(g) (Supp.2010) 1 Because we conclude that there was insufficient evidence from which the jury could conclude beyond a reasonable doubt that Cristobal was aided or encouraged by two or more persons, we vacate the enhancement.

BACKGROUND

$2 A…

2Cases cited14 opinions

  1. State v. HolgateUtah Supreme Court · 2000
  2. State v. WorkmanUtah Supreme Court · 1993
  3. State v. MontoyaUtah Supreme Court · 2004
  4. Sunward Corp. v. Dun & Bradstreet, Inc.Court of Appeals for the Tenth Circuit · 1987
  5. United States v. Phillip Ellisor Jones, Also Known as Phillip Jones, United States of America v. Talfred BrownCourt of Appeals for the Tenth Circuit · 1995

9 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Giles v. Mineral Resources International, Inc.Court of Appeals of Utah · 2014
  2. State v. C.D.L.Court of Appeals of Utah · 2011
  3. State v. RiveraCourt of Appeals of Utah · 2019
  4. State v. FarnworthCourt of Appeals of Utah · 2018
  5. State v. LorenzoCourt of Appeals of Utah · 2015

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API