State v. Hansen

ZIMMERMAN, Justice:

Defendant David M. Hansen appeals from a conviction of murder in the first degree, a capital felony under section 76-5-202(l)(d) of the Utah Code. Hansen’s principal claims of error are that the trial court improperly refused to give his proposed instruction on felony-murder, a second degree felony, and that the court erred in giving an instruction, sua sponte, on withdrawal from the commission of a crime and an instruction on accomplice liability. We hold that the failure to give defendant’s requested instruction on felony-murder, a second degree felony, was prejudicial…