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State v. Loeffel

300 P.3d 336 (2013)

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State v. Loeffel

Utah Court of Appeals

300 P.3d 336 (2013)

Facts

Several police officers were called to the home of Michael Dennis Loeffel (defendant) and his girlfriend after a report of a domestic dispute. Loeffel came out to the front porch and began threatening to shoot the officers if they tried to enter his home. Loeffel’s girlfriend, who also came out to the front porch, was convinced by the officers to exit the porch. As she exited, Loeffel went back into the house. The officers were concerned that Loeffel had gone into the house to retrieve a gun. The officers kicked open the door and found Loeffel with a loaded rifle, which he began raising toward the officers as they entered. The officers opened fire and hit Loeffel twice. Loeffel was charged with three counts of aggravated assault. At trial, the court instructed the jury that aggravated assault could be satisfied by recklessly threatening to do bodily injury to another. Loeffel objected, arguing that recklessness could not satisfy the mens rea requirement for aggravated assault. The trial court allowed the instruction, and Loeffel was convicted. Loeffel appealed.

Rule of Law

Issue

Holding and Reasoning (Orme, J.)

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