State v. Hards
2015 UT App 42
| Utah Ct. App. | 2015Background
- Hards appeals from a conviction for aggravated burglary in 2015 Utah Court of Appeals memorandum decision.
- The charges stem from an March 2011 attack on L.H. in a repurposed industrial building in Salt Lake City described as a 'flophouse'.
- L.H. testified two men, Alvarez and Hards, broke into his room; one or both attacked him, leaving a facial cut.
- Alvarez testified he punched L.H.; Hards admitted hitting L.H but the defense claimed no entry into L.H.’s room.
- The State charged both robbery and aggravated burglary; jury convicted Hards of aggravated burglary and acquitted robbery.
- The district court instructed the jury on whether the building was a dwelling; Hards challenged trial counsel’s effectiveness; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for intent to assault | Hards argues no direct proof of intent to assault in L.H.’s room. | Hards contends the evidence cannot support the required intent. | Evidence sufficient; circumstantial proof supports intent finding. |
| Dwelling element submitted to jury | State argued dwelling status mattered for burglary-related elements. | Hards contends jury should decide dwelling status for aggravated burglary. | Dwelling status not required for aggravated burglary; any error harmless. |
| Accomplice liability instruction | State did not argue accomplice liability; no instruction needed. | Hards argues party liability instruction was necessary to avoid misinstruction. | No party-liability instruction needed; convict as principal; no prejudice. |
| Ineffective assistance of counsel | Hards claims trial counsel failed to prepare, investigate, and present law. | Hards asserts counsel's failures prejudiced defense. | No prejudice shown; claims are speculative and inadequate to prove deficient performance. |
Key Cases Cited
- State v. Holgate, 10 P.3d 346 (Utah 2000) (circumstantial evidence may prove intent beyond direct proof)
- State v. Ricks, 314 P.3d 1033 (Utah App. 2013) (review for sufficiency by viewing evidence in light favorable to verdict)
- State v. Robertson, 122 P.3d 895 (Utah App. 2005) (unlawful entry and found intent may infer burglary)
- State v. Seel, 827 P.2d 954 (Utah Ct. App. 1992) (co-burglar possession can satisfy aggravating factor)
- State v. Porter, 705 P.2d 1174 (Utah 1985) (aggravated burglary first-degree regardless of dwelling)