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STATE v. DURAN

No. 870531-CA.

772 P.2d 982 (1989)

STATE of Utah, Plaintiff and Respondent, v. Rudy Ringo DURAN, Defendant and Appellant.

Court of Appeals of Utah.

April 18, 1989.

Attorney(s) appearing for the Case

Richard G. Uday and Brooke C. Wells, Salt Lake City, for defendant and appellant.

R. Paul Van Dam and Dan R. Larsen, Salt Lake City, for plaintiff and respondent.

Before BENCH, BILLINGS and GREENWOOD, JJ.

OPINION

BILLINGS, Judge:

Defendant Rudy Ringo Duran, an inmate at the Utah State Prison, was convicted by a jury of assault by a prisoner, a third degree felony, in violation of Utah Code Ann. § 76-5-102.5 (1978). On appeal, Duran claims (1) the evidence was insufficient to support the jury's guilty verdict which rejected Duran's claim of self-defense and defense of habitation, and (2) the trial court erred in refusing to reduce the felony charge to...

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