528 P.2d 145 | Utah | 1974
The defendant, Rickey Lee Jackson, appeals from a decision of the juvenile court finding him guilty of manslaughter and two counts of aggravated assault. The petition was filed in the interest of the defendant who was then a person of 17 years, in the following language:
That the above named person (Rickey Lee Jackson) under eighteen years of age is within the provision of section 77 of the Juvenile Court Act of 1965 because
1. On or about August 21, 1973 at Highway 36, State of Utah, approximately one mile north of Tooele City Limits, in violation of Title 76, Chapter 5, Section 203(1) (b), U.C.A.1953, as amended 1973, said child intending to cause serious bodily injury committed an act clearly dangerous to human life, to-wit: he shot Tito Alfonso Suazo which caused the death of Tito Alfonso Suazo.
2. On or about August 21, 1973 at Tooele County, State of Utah, in violation of Title 76, Chapter 5, Section 103(1)(b), U.C.A.1953, as amended 1973, said child did intentionally or knowingly cause bodily injury to Paul Mondragen by use of a deadly weapon.
3. On or about August 21, 1973 at Tooele County, State of Utah, in violation of Title 76, Chapter 5, Section 103(1) (b), U.C.A.1953, as amended 1973, said child did intentionally or knowingly cause bodily injury to Elmer Gonzales by use of a deadly weapon.
At the outset we deal with that portion of the petition which charges the defendant with two counts of aggravated assault. In a recent decision of this court it was determined that Section 76-5-103(1) did not define a public offense. In view of the holding in that case the decision of the court below finding the defendant guilty of two counts of aggravated assault is reversed.
On the night of August 21, 1973, the defendant and three companions were proceeding northerly from the city of Tooele in an automobile being operated by the defendant. At the same time, Tito Alfonso Suazo and three companions were proceeding along the same highway in an automobile being driven by Suazo. The Suazo automobile overtook and passed the defendant’s automobile, and after the Suazo automobile returned to the right traffic lane the defendant’s automobile collided with it. The record indicates that there were two impacts and after the second one defendant’s motor stalled. After the second impact the Suazo automobile stopped and Suazo and his companions alighted from the automobile and proceeded toward the automobile of the defendant. The defendant’s companion who was riding in the front seat of the automobile testified that at the time the Suazo automobile passed defendant’s car, defendant asked him to hand him the gun. The companion was unable to find it, and after the automobile stopped, the defendant secured the gun from the glove compartment. As Suazo approached the defendant, the defendant fired two shots which pierced the chest of Suazo. The defendant got out of his automobile and approached the spot where Sua-zo had fallen. Elmer Gonzales, a companion of Suazo, grappled with the defendant from behind and he was shot by the defendant. One Paul Mondragen, also a companion of Suazo, who had been crouching behind the automobile, stood up 'and was shot by the defendant. There is some conflict in the evidence as to the distance
At the conclusion of the testimony the court pronounced the defendant guilty of manslaughter, an included offense within the charge of second degree murder. The court also found the defendant guilty of two counts of aggravated assault with which we have already dealt in this opinion.
The court below in announcing its decision had this to say: “The first comment I want to make is that the court has rejected the idea of the defense of self-defense. The court is not convinced from the evidence that has been produced that Rickey Jackson reasonably believed that the shooting was necessary to prevent death or bodily injury to him or the others in his car.” Defendant assigns this as error claiming that the court adopted the view that the defendant had the burden of establishing the defense of self-defense. It is the law of this jurisdiction that a defendant is not required to establish his claim of self-defense beyond a reasonable doubt
The judgment of the juvenile court is affirmed.
. State v. Archuletta, Utah, 526 P.2d 911.
. State v. Coyle, 41 Utah 320, 126 P. 305.
. State v. Talarico, 57 Utah 229, 193 P. 860.