Salt Lake City v. McCormick

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Salt Lake City v. McCormick, Case No. 20000133-CA, Filed April 26, 2001 IN THE UTAH COURT OF APPEALS


Salt Lake City,
Plaintiff and Appellee,


Kathalyn Dawn McCormick,
Defendant and Appellant.

(Not For Official Publication)

Case No. 20000133-CA

April 26, 2001 2001 UT App 137 -----

Third District, Salt Lake Department
The Honorable Roger A. Livingston

Kathalyn D. McCormick, Evanston, Wyoming, Appellant Pro Se
Richard W. Daynes, Salt Lake City, for Appellee


Before Judges Jackson, Davis, and Thorne.


Appellant appeals her conviction for failure to comply with a lawful command of a police officer.

Appellant makes multiple claims of error, including allegations of trial court and jury bias, police and prosecutorial misconduct, improper exclusion of evidence, perjured testimony, and denial of a jury trial. We find no legal or factual support for any of these claims. The record contains no indications of bias or misconduct. The photographs appellant claims were improperly excluded were in fact admitted into evidence. Although appellant maintains that the officers testified falsely, the jury was entitled to find their testimony credible. See Reed v. Reed, 806 P.2d 1182, 1184 (Utah 1991) ("It is the province of the trier of fact to assess the credibility of witnesses."). Finally, appellant received a jury trial, during which she freely acknowledged that she disobeyed the officers' repeated commands that she leave the scene.

We find no error, and accordingly affirm the conviction.

Norman H. Jackson,
Associate Presiding Judge

James Z. Davis, Judge

William A. Thorne, Jr., Judge