State of Utah v. Taylor

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

David R. Taylor,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010183-CA

F I L E D
October 31, 2002 2002 UT App 358 -----

Sixth District, Richfield Department
The Honorable K.L. McIff

Attorneys:
Keith C. Barnes, Cedar City, for Appellant
Mark L. Shurtleff and Jeffrey S. Gray, Salt Lake City, for Appellee -----

Before Judges Jackson, Greenwood, and Orme.

ORME, Judge:

We have determined that "[t]he facts and legal arguments are adequately presented in the briefs and record[,] and the decisional process would not be significantly aided by oral argument." Utah R. App. P. 29(a)(3).

The Utah Supreme Court recently held, in a case . . . where the witness would not recant under oath, maintained that her trial testimony was true and that the recantation was false, and gave a cogent explanation for the recantation, . . . that there was no abuse of discretion in concluding that the evidence, considered in light of all other factors, would not have changed the result on retrial. State v. Loose, 2000 UT 11,¶18, 994 P.2d 1237. See also State v. Hoffhine, 2001 UT 4,¶28, 20 P.3d 265 ("[Considering] that [the witness's] recantation was not credible, the trial court was within the range of permitted discretion in concluding that the newly discovered evidence test was not satisfied because a different result was not probable on retrial."). Loose and Hoffhine control this appeal. Affirmed.
 
 

______________________________
Gregory K. Orme, Judge -----

WE CONCUR:
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Pamela T. Greenwood, Judge