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STATE v. NICHOLS

No. 20020686-CA.

76 P.3d 1173 (2003)

2003 UT App 287

STATE of Utah, Plaintiff and Appellee, v. Richard Anthony NICHOLS, Defendant and Appellant.

Court of Appeals of Utah.

August 14, 2003.

Attorney(s) appearing for the Case

Samuel D. McVey, Kirton & McConkie, and Lori J. Seppi, Salt Lake City, for Appellant.

Mark L. Shurtleff, Atty. Gen., Jeffrey S. Gray, and Mark W. Baer, Asst. Attys. Gen., Salt Lake City, for Appellee.

Before JACKSON, P.J., GREENWOOD, and THORNE, JJ.

OPINION

GREENWOOD, Judge:

¶ 1 Richard Nichols (Defendant) argues that the evidence was insufficient to sustain his convictions for five counts of communications fraud, second degree felonies, in violation of Utah Code Ann. § 76-10-1801(1)(d) (1999), and one count of racketeering, a second degree felony, in violation of Utah Code Ann. § 76-10-1603(3) (1999). Defendant also argues that the trial judge committed plain error by improperly questioning...

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