WEST VALLEY CITY v. HUTTO

No. 990211-CA.

5 P.3d 1 (2000)

2000 Utah Ct. App. 188

WEST VALLEY CITY, Plaintiff and Appellee, v. Wade HUTTO, Defendant and Appellant.

Court of Appeals of Utah.

June 22, 2000.


Attorney(s) appearing for the Case

Steven D. Miller, Larsen & Rammell, West Valley City, for Appellant

J. Richard Catten, West Valley City Attorney's Office, West Valley City, for Appellee.

Before Judges BENCH, BILLINGS, and ORME.


OPINION

ORME, Judge:

¶ 1 Appellant Wade Hutto appeals his conviction for assault in violation of Utah Code Ann. § 76-5-102 (1999), and his conviction for criminal mischief in violation of Utah Code Ann. § 76-6-106 (1999), both arising from a domestic dispute with his live-in girlfriend. Specifically, Hutto challenges the trial court's admission of the victim's out-of-court statements under the hearsay rule's "excited utterance" exception....

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