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State v. Mangum
318 P.3d 250
Utah Ct. App.
2013
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Background

  • Mangum was convicted of aggravated assault, a third-degree felony, under Utah Code Ann. § 76-5-108(1)(b).
  • Victim testified that Mangum stabbed her in the back during an altercation.
  • Victim described a stab wound located between her spine and scapula and saw something shiny in Mangum's hand.
  • A witness testified he heard Victim yell that she had been stabbed.
  • Mangum’s ex-husband testified that Mangum called him after the incident and admitted stabbing someone.
  • Mangum denied stabbing Victim at trial; the jury weighed conflicting evidence and credibility.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was there sufficient evidence of a dangerous weapon under 76-5-108(1)(b)? Mangum (plaintiff) argues insufficient evidence of a weapon. Mangum (defendant) contends evidence fails to show use of a dangerous weapon. Yes; evidence supports use of a dangerous weapon.
Does Hutchings require specific intent under § 76-5-108(1)(b)? Hutchings requires specific intent to injure. Hutchings does not apply to Mangum's subsection (1)(b) case. No specific intent required for § 76-5-108(1)(b); Hutchings not controlling.

Key Cases Cited

  • State v. Fedorowicz, 2002 UT 67 (Utah Supreme Court, 2002) (jury credibility and standard of review for conflicting evidence)
  • State v. Workman, 852 P.2d 981 (Utah 1993) (jury as exclusive judge of credibility and weight of evidence)
  • State v. Gardner, 2007 UT 70 (Utah Supreme Court, 2007) (presumption that jury disbelieved conflicting evidence supports verdict)
  • State v. Lucero, 2012 UT App 202 (Utah Appellate Court, 2012) (conflicting evidence does not overturn jury verdict)
  • State v. Ekstrom, 2013 UT App 271 (Utah Appellate Court, 2013) (two subsections of aggravated assault are separate variants; only relevant subsection need be proven)
  • State v. Hutchings, 2012 UT 50 (Utah Supreme Court, 2012) (clarified that specific intent to injure is required under § 76-5-108(1)(a))
Read the full case

Case Details

Case Name: State v. Mangum
Court Name: Court of Appeals of Utah
Date Published: Dec 12, 2013
Citation: 318 P.3d 250
Docket Number: No. 20120346-CA
Court Abbreviation: Utah Ct. App.