State v. Maestas

HALL, Justice:

This is an appeal by defendant from a conviction of the offense of assault by a prisoner.

The incident involved arose in the maximum security facility of the Utah State Prison. The assault itself is not generally in dispute but the events leading up to the same are substantially in dispute. The victim, Michael William Hart, maintained at trial that he was struck several times in the face by defendant’s fists and that the assault was in response to his request for payment of money owed him by defendant. Defendant maintained that he was “jumpy” because he believed someone was…