Utah Court of Appeals

Does Utah recognize attempted depraved indifference murder? State v. Perez Explained

2002 UT App 211
Case No. 20000517-CA
June 20, 2002
Affirmed in part and Reversed in part

Summary

Defendant was convicted of aggravated burglary and attempted murder after attacking a woman in her apartment with a knife. The trial court erroneously instructed the jury that it could convict on attempted murder based on depraved indifference theory, and the State failed to properly notify defendant of expert witness testimony regarding fingerprint evidence.

Analysis

In State v. Perez, the Utah Court of Appeals addressed whether Utah recognizes the crime of attempted depraved indifference murder and established important precedent regarding expert witness disclosure requirements in criminal cases.

Background and Facts

Defendant Juan Perez was charged with aggravated burglary and attempted murder after entering a victim’s apartment through a kitchen window and attacking her with a knife while she slept. The victim sustained cuts requiring stitches and various abrasions. Fingerprint evidence linked Perez to the crime scene. At trial, the court instructed the jury that it could convict Perez of attempted murder under a depraved indifference theory, over defense objection.

Key Legal Issues

The case presented several issues: (1) whether the trial court erred in instructing on attempted depraved indifference murder, (2) whether the State’s failure to provide proper notice of expert witness testimony violated discovery rules, and (3) whether the court properly considered sentencing factors for consecutive terms.

Court’s Analysis and Holding

The Court of Appeals reversed the attempted murder conviction, holding that the crime of attempted depraved indifference murder does not exist in Utah. Citing State v. Vigil, the court explained that attempted murder requires a knowing or intentional mental state with a conscious objective to cause death. Since depraved indifference falls short of that required intent, instructing the jury on this non-existent crime was prejudicial error. The court distinguished cases where intent to kill was clearly established from this case where the evidence could support multiple conclusions about the defendant’s mental state.

Practice Implications

This decision reinforces that Utah practitioners must carefully scrutinize jury instructions in attempted murder cases to ensure they properly require proof of intent to kill. Additionally, the court’s analysis of discovery violations under Rule 16 and section 77-17-13 emphasizes the importance of timely objections to preserve appellate issues regarding expert witness disclosure.

Original Opinion

Link to Original Case

Case Details

Case Name

State v. Perez

Citation

2002 UT App 211

Court

Utah Court of Appeals

Case Number

Case No. 20000517-CA

Date Decided

June 20, 2002

Outcome

Affirmed in part and Reversed in part

Holding

The crime of attempted depraved indifference murder does not exist in Utah because attempted murder requires a knowing or intentional mental state, and including such an instruction is prejudicial error when the evidence does not conclusively establish intent to kill.

Standard of Review

Clear abuse of discretion for trial court decisions on discovery violations and continuance requests; prejudicial error analysis for jury instruction claims; abuse of discretion standard for sentencing decisions

Practice Tip

Always object to attempted depraved indifference murder instructions and request proper expert witness disclosure under Rule 16 and section 77-17-13 in a timely manner to preserve appellate issues.

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Lotus Appellate Law handles appeals before the Utah Court of Appeals, Utah Supreme Court, California Court of Appeal, and the United States Court of Appeals for the Tenth Circuit.

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