State v. Bird
Annotate this CaseAfter a jury trial, Defendant was convicted of failure to respond to an officer’s signal to stop, a third degree felony under Utah Code 41-6a-210. Defendant appealed, arguing that the trial court erred when it failed to instruct the jury on the mental state required for the conviction. The court of appeals agreed and reversed. The court of appeals did not, however, provide guidance on remand regarding a correct jury instruction. The Supreme Court (1) affirmed the court of appeals’ reversal of Defendant’s conviction because the instruction given to the jury did not specify the essential mens rea elements of the failure-to-respond charge; and (2) held that the court of appeals did not err in asking the trial court to determine, in the first instance, the proper mens rea instruction. The Court then exercised its discretion to provide such guidance.
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