Does attempted aggravated murder exist as a crime in Utah? State v. Jones Explained

In State v. Jones, the Utah Supreme Court definitively established that attempted aggravated murder exists as a crime under Utah law, resolving an important question about the scope of attempt liability for serious violent felonies.

Background and Facts

After consuming alcohol, Jones entered an Ogden convenience store with a loaded shotgun and shot two victims—a customer and the store clerk—multiple times. Both victims survived their injuries. Jones was charged with two counts of attempted aggravated murder under Utah Code section 76-5-202(1)(b) and (c). He moved to quash the bindover, arguing that attempted aggravated murder does not exist as a crime in Utah. After the trial court denied his motion, Jones entered a conditional plea of guilty and mentally ill, preserving his right to appeal the bindover denial.

Key Legal Issues

The court addressed two primary issues: (1) whether attempted aggravated murder exists as a crime under Utah law, and (2) whether the trial court erred in finding Jones was not mentally ill at sentencing.

Court’s Analysis and Holding

The Utah Supreme Court distinguished this case from State v. Bell, which held that attempted felony murder does not exist because the felony murder doctrine requires an actual death. Here, Jones was not committing an underlying felony when he shot his victims. Instead, he acted with the specific intent required for aggravated murder under the attempt statute (Utah Code section 76-4-101). The court found his conduct constituted a substantial step toward commission of aggravated murder and was strongly corroborative of his intent to kill. Regarding mental illness, the court applied clear error review and affirmed the trial court’s factual finding that Jones was not mentally ill under Utah Code section 76-2-305.

Practice Implications

This decision clarifies that prosecutors may charge attempted aggravated murder when defendants act with the requisite intent but fail to cause death. Defense attorneys should carefully distinguish between felony murder cases and other murder charges when challenging attempt liability. The decision also reinforces that trial courts have broad discretion in making factual determinations about mental illness, subject only to clear error review.