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State Utah v. Daniel Edward Shaffer

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eBook details

  • Title: State Utah v. Daniel Edward Shaffer
  • Author : Supreme Court Of Utah
  • Release Date : January 25, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

The defendant Daniel Edward Shaffer was convicted after a jury trial of first degree murder, a capital offense in violation of U.C.A., 1953, § 76-5-202; aggravated robbery, a first degree felony in violation of U.C.A., 1953, § 76-6-302; and theft, a second degree felony in violation of U.C.A., 1953, § 76-6-404. After a penalty hearing, the trial Judge sentenced the defendant to a term of life imprisonment on the murder conviction, a term of five years to life for aggravated robbery, and a term of one to fifteen years for theft. The defendant assigns seven errors for review: (1) the cremation of the victims body violated the defendants due process rights; (2) the aggravated circumstance of first degree murder titled "other personal gain" is void for vagueness and therefore that portion of the murder charge should have been dismissed; (3) the trial court failed to exclude evidence of the defendants other bad acts; (4) the questioning of the jury venire for "death qualification" deprived the defendant of a fair and impartial jury; (5) the trial court failed to give a "reasonable alternative hypothesis" instruction to the jury; (6) the trial court improperly sentenced the defendant for both first degree murder and the lesser included offenses of aggravated robbery and theft; and (7) the evidence was insufficient for a murder conviction. We affirm the conviction and sentence for first degree murder and vacate the convictions of theft and aggravated robbery.


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