Utah Supreme Court· 9/21/1983

State v. Baker

Citations

671 P.2d 152
1983 Utah LEXIS 1160

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that a defendant has a \constitutional right to protection from instructions to the jury which might subject him to a conviction of a crime against which he has had no opportunity to defend\ (quotation simplified)
interpreting section 76-1-402 of the Utah Code and distilling the two-part test cited in Kell
focusing on whether “any of those alternative interpretations would provide both a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense” (emphasis added) (quotation simplified)
\The defendant's right to a lesser included offense instruction is limited by the evidence presented at trial.\
criminal trespass is a lesser included offense of burglary
criminal trespass is a lesser included offense of burglary

Source: CourtListener parenthetical corpus (CC0).

Judges: Durham, Stewart, Oaks, Howe, Hall

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Cited by

83 cases in this archive cite this case; the 20 most cited are listed.

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