State v. Crabb
268 P.3d 193
Utah Ct. App.2011Background
- Crabb appeals two-conviction jury verdicts and the appellate affirmance.
- Crabb argues insufficiency of the evidence, but failed to preserve the claim at trial.
- Crabb moved to dismiss at close of State's case on other grounds, not on sufficiency.
- Crabb challenges the jury verdict form as improper, but the issue was unpreserved.
- Crabb challenges the chain-of-custody foundation for drug evidence; briefing was inadequate.
- The urine sample issue was argued as plain error but defense invited the remedy and trial strategy influenced proceedings.
- The court declined to review unpreserved issues and affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence preserved? | Crabb argues insufficient evidence. | Crabb did not raise sufficiency issue below. | Not properly preserved; affirmed. |
| Jury verdict form adequacy? | Crabb contends form mis-stated charges. | Not preserved; no review. | Unpreserved; not addressed. |
| Chain-of-custody for drug evidence | Lack of foundation due to break in custody. | Briefing inadequate and undeveloped. | Briefing inadequate; issue declined. |
| Plain error in urine sample lost/remedy | Urine sample lost impact; plain error should apply. | Error invited by defense; not plain error. | Invited error; plain error review not available. |
| Proposed jury instruction on reasonable doubt | No reasonable alternative hypothesis instruction. | Reasonable doubt instruction already given. | No error; instruction covered by reasonable doubt standard. |
Key Cases Cited
- State v. Holgate, 10 P.3d 346 (Utah 2000) (preservation of appellate claims requires trial-level objection)
- State v. Low, 192 P.3d 867 (Utah 2008) (specificity required for preserved issues)
- State v. Thomas, 961 P.2d 299 (Utah 1998) (briefing must develop authority and reasoned analysis)
- State v. Dean, 95 P.3d 276 (Utah 2004) (plain error review framework)
- State v. Winfield, 128 P.3d 1171 (Utah 2006) (invited error precludes plain error review)
- State v. Shaffer, 725 P.2d 1301 (Utah 1986) (no error when reasonable doubt instruction covers burden)
- State v. Pinder, 114 P.3d 551 (Utah 2005) ( timely preservation and plain error considerations)