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State v. Kihlstrom

988 P.2d 949 (Utah Ct. App. 1999)
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State v. Kihlstrom

2 Citing cases

  1. State v. Smith

    2003 UT App. 52 (Utah Ct. App. 2003)   Cited 5 times
    In State v. Smith, 2003 UT App 52, 65 P.3d 648, we held that trial counsel was ineffective because he did not move for dismissal of a concealed weapon charge after the State failed to introduce evidence that Smith did not have a valid concealed weapon permit.

    The State's failure to present evidence to satisfy this necessary element of the offense would have entitled Smith to a dismissal on that count. See, e.g., State v. Kihlstrom, 1999 UT App 289, ¶ 8, 988 P.2d 949, cert denied, 4 P.3d 1289 ("If the prosecution has failed to present sufficient evidence to support its case, the trial court should dismiss."). Section 76-10-504 provides

  2. State v. McCallie

    2016 UT App. 4 (Utah Ct. App. 2016)   Cited 16 times
    Explaining that Salinas did not "abandon or narrow" Doyle

    Id. (quoting State v. Potello, 40 Utah 56, 119 P. 1023, 1029 (1911)). But see State v. Kihlstrom, 1999 UT App 289, ¶ 9, 988 P.2d 949 (stating, in reviewing a denied motion to dismiss, that “this court's review of the sufficiency of the evidence is limited to the evidence adduced by the prosecution in its case-in-chief”). ¶ 45 In any event, in the present case, McCallie himself has placed the entire record before us.