State v. Johnson, 2015 UT App 312

In 2012 Lacey Ann Johnson had repeated disputes with neighbors over her dog; animal control impounded the dog after fines she could not pay.
On August 10, 2012, the neighbor observed Johnson apparently key a car; she was cited for criminal mischief that evening.
Later that night the neighbor and a friend approached a canal near Johnson’s house; Johnson yelled insults (including calling him a “cop caller”) and allegedly summoned a taser, and the neighbor insulted her and threatened to shove a taser down her throat.
Johnson, her mother, and her boyfriend then confronted the neighbor at the canal; Johnson kicked him and her mother struck him; police later arrested Johnson.
The State charged Johnson with retaliation, assault, and threat of violence, each with an in-concert enhancement; the jury convicted on retaliation and assault (the court did not submit the threat charge to the jury).
On appeal Johnson challenged sufficiency of evidence for the retaliation conviction (arguing her assault was provoked), and raised plain-error and ineffective-assistance claims; the State conceded errors as to in-concert enhancements and the omitted threat charge but not the retaliation conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence that Johnson acted with retaliatory motive under Utah Code § 76-8-508.3	State: evidence (calling neighbor “cop caller,” prior citation, purposeful confrontation) permitted jury to infer retaliation motive	Johnson: assault was provoked by the neighbor’s insults and threat; motive was defensive, not retaliatory	Affirmed: reasonable juror could find retaliation; alternative provocation explanation was for jury to weigh
Plain error review of unpreserved sufficiency claim	State: evidence sufficient; no plain error in submitting charge	Johnson: errors were obvious and fundamental because provocation negated retaliatory intent	No plain error: evidence and inferences supported submission to jury
Ineffective assistance for failing to move for directed verdict	State: counsel’s failure to move would have been futile given evidence	Johnson: counsel deficient for not preserving sufficiency argument	No ineffectiveness: no deficient performance because a directed-verdict motion would have failed
Sentencing/enhancement errors (in-concert and threat charge)	State concedes statutory/plain-error mistakes and agrees remand needed for corrected judgment/sentence	Johnson seeks correction/remand	Remanded for trial court to correct convictions and sentence (per State concession)

State v. Kruger, 6 P.3d 1116 (Utah 2000) (standard for reviewing jury verdicts and viewing evidence in favor of the verdict)
State v. Holgate, 10 P.3d 346 (Utah 2000) (plain-error standard for insufficient-evidence claims)
State v. Ramirez, 289 P.3d 444 (Utah 2012) (relative strength of alternative inferences is a jury question)
State v. Workman, 852 P.2d 981 (Utah 1993) (jury as exclusive judge of witness credibility and weight)
State v. Stringham, 295 P.3d 1170 (Utah Ct. App. 2013) (sufficient evidence supports submission where inferences support verdict)
State v. Nielsen, 326 P.3d 645 (Utah 2014) (appellate reversal only when reasonable minds must have entertained reasonable doubt)
State v. Kelley, 1 P.3d 546 (Utah 2000) (failure to file a futile motion does not constitute ineffective assistance)