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Utah v. Maestas

Supreme Court of Utah
652 P.2d 903 (1982)


Clyde Maestas (defendant) robbed a bank and fled the scene in a van. As police gave chase, Maestas threw stolen money from the van window and sped off in the direction of oncoming traffic. A police sergeant, who parked on a traffic island in the middle of the street, waited for Maestas to drive past. The sergeant stood outside the police car with his gun drawn. When Maestas passed, the sergeant fired at the van but failed to disable the vehicle. As the van sped past, Maestas leaned out of the van window and fired a gun at the sergeant. Maestas was arrested a few blocks away, after crashing the van into a parked car. A jury convicted Maestas of attempted first-degree murder for shooting at the sergeant. Maestas moved to dismiss the conviction, arguing that the evidence was insufficient to show that Maestas had the specific intent to kill the sergeant. The trial court granted the motion. The state appealed to the Utah Supreme Court.

Rule of Law


Holding and Reasoning (Hall, C.J.)

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