State v. Martin

AMENDED OPINION

RUSSON, Associate Chief Justice.

€ 1 Defendant Jeffrey Dean Martin ("Martin") appeals the denial of his motion for a new trial, which was based on new evidence discovered following our remand order in State v. Martin, 1999 UT 72, 984 P.2d 975 ("Martin I"). Prior to our remand order, a jury convicted Martin of rape, a first degree felony, in violation of Utah Code Ann. § 76-5-402 (1999), aggravated kidnaping, a first degree felony, in violation of Utah Code Aun. § 76-5-302 (1999), and three counts of foreible sodomy, also a first degree felony, in violation of Utah Code Ann. §…