State v. Ford

OPINION

ORME, Judge:

Defendant appeals his conviction for aggravated robbery, a first degree felony, in violation of Utah Code Ann. § 76-6-302 (1978). He argues that the trial court erred in denying his motion to dismiss for prosecutorial misconduct and also in denying his motion to quash identification testimony resulting from a “show-up.” Although we see no error in the trial court’s ruling on the motion to quash concerning the challenged identification testimony, we hold that defendant was potentially prejudiced by the improper actions of the prosecutor and therefore vacate defendant’s…