State v. Soules
286 P.3d 25
Utah Ct. App.2012Background
- Soules was convicted of murder (felony) and aggravated robbery in the Third District, Salt Lake County.
- Soules challenged the trial court’s denial of a self-defense jury instruction.
- Utah law allows self-defense to threaten or use force unless the defendant is fleeing after committing a felony.
- Under felony murder, the defendant’s mental state regarding the killing is irrelevant; proof of the underlying felony suffices.
- Soules did not preserve an imperfect self-defense instruction claim; his perfect self-defense request was analyzed for preservation rather than merits.
- Soules argued for merging the aggravated robbery with felony murder; preservation and plain-error standards governed this challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-defense instruction denial | Soules contends self-defense instruction should have been given. | Soules maintains entitlement to imperfect/perfect self-defense instructions. | No error; no proper basis to give self-defense instruction. |
| Imperfect self-defense preservation | Soules sought imperfect self-defense instruction on appeal. | Soules did not preserve the claim per Rule 19(e). | Not reviewed due to lack of preservation. |
| Perfect self-defense preservation and Low | Request for perfect self-defense implies request for imperfect defense under Low. | Low does not address preservation for a perfect-defense request. | Preservation not satisfied; merits not reached. |
| Merger of aggravated robbery with felony murder | Constitute improper merger; requested sua sponte merger. | Merger allowed or disallowed by controlling law; issue preserved. | Not preserved; no plain-error finding; McCovey governs non-merger but Smith later analyzed; no obvious error. |
| Plain-error/merger analysis | Argues plain error in lack of merger. | No obvious error; McCovey remained controlling at time of trial. | No plain error; merger not compelled by McCovey after subsequent Smith guidance. |
Key Cases Cited
- State v. McCovey, 803 P.2d 1234 (Utah 1990) (felony murder enhancement; does not merge with aggravated robbery)
- State v. Bluff, 52 P.3d 1210 (Utah 2002) (analysis of merger for felony murder; enhancement statute distinction)
- State v. Smith, 122 P.3d 615 (Utah 2005) (adopts new merger analysis; impact on McCovey's merger rule)
- State v. Low, 192 P.3d 867 (Utah 2008) (perfect defense evidence does not necessarily preserve imperfect-defense claim)
- State v. Weaver, 122 P.3d 566 (Utah 2005) (plain-error standard for uncaptured objections)