State v. Reyes

NEHRING, Justice:

INTRODUCTION

¶ 1 We granted certiorari to review the court of appeals’s ruling that the reasonable doubt instruction used in the trial of German Cruz Reyes was improper because it did not specifically conform to the three-part reasonable doubt instruction upheld by this court in State v. Robertson, 932 P.2d 1219 (Utah 1997), overruled on other grounds by State v. Weeks, 2002 UT 98, ¶ 25 n. 11, 61 P.3d 1000. The State asks us to overrule Robertson. We also agreed to take up Mr. Reyes’s cross-petition, which challenges the court of appeals’s determination that the trial court’s…