State v. Featherhat

2011 UT App 154, 257 P.3d 445, 682 Utah Adv. Rep. 13, 2011 Utah App. LEXIS 147, 2011 WL 1797264
CourtCourt of Appeals of Utah
DecidedMay 12, 2011
Docket20090387-CA
StatusPublished
Cited by8 cases

This text of 2011 UT App 154 (State v. Featherhat) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Featherhat, 2011 UT App 154, 257 P.3d 445, 682 Utah Adv. Rep. 13, 2011 Utah App. LEXIS 147, 2011 WL 1797264 (Utah Ct. App. 2011).

Opinion

OPINION

THORNE, Judge:

{1 Bryan Featherhat appeals from his convictions on one count of attempted aggravated murder, see Utah Code Ann. §§ 76-4-101 (2008), 76-5-202 (Supp.2010), and one count of aggravated robbery, see id. § 76-6-302 (2008). 'We affirm. 1

BACKGROUND

2 On January 5, 2007, Featherhat's truck became stuck in the snow along a highway in Iron County. Featherhat's cousin, Christine Tallman, happened upon Featherhat and his vehicle and stopped to offer assistance. At the time, Tallman and her three children were passengers in an SUV owned and driven by her boyfriend, Pedro Hinojosa. Feath-erhat asked Tallman and Hinojosa for help in pulling his truck out of the snow, and the group chained the two vehicles together and began attempting to free Featherhat's truck.

13 Shortly thereafter, Officer Jason Thomas arrived on the scene. As Officer Thomas was investigating his suspicions that Featherhat was driving under the influence of alcohol and with an expired registration, Featherhat retrieved a pistol-gripped 12-gauge shotgun from his truck. Featherhat approached Officer Thomas with the shotgun, stated that Thomas would not take him to jail, and fired the shotgun at Thomas.

I 4 The shotgun blast struck Officer Thomas but failed to penetrate his protective vest. Officer Thomas, believing that he should not *448 return fire due to the presence of Tallman and the children, ran for cover as Featherhat fired twice more, striking Thomas in the back and head. Featherhat then approached Tallman with the shotgun in his hands and demanded that she drive him away in Hinojo-sa's SUV. When Tallman turned and ran, Featherhat unhooked the chain from the SUV and fled in it.

15 Featherhat later abandoned the SUV and was picked up by the police while walking along a highway at about 4:00 a.m. the next morning. The police took Featherhat, who was extremely cold and shivering violently, to the police station for interrogation. Detective Mike Bleak provided Featherhat with a blanket and some hot chocolate, and Featherhat eventually warmed up enough to talk. Detective Bleak began asking Feather-hat general identification questions and explaining Featherhat's rights regarding the interview. During this explanation, Feather-hat interrupted Detective Bleak and asked, "Is he alright?" Assuming that Featherhat was referring to Officer Thomas, Detective Bleak informed Featherbat that Thomas would be alright. Detective Bleak then advised Featherhat of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and Featherhat waived those rights and proceeded to make incriminating statements. The district court denied Featherhat's motion to suppress his question about Officer Thomas and his post-Miranda statements.

16 Prior to locating Featherhat, officers investigating the incident went to Feather-hat's parents' home. Featherhat's father gave the police permission to search a room in which Featherhat had been staying. During the search, the police found various evi-dentiary items including both loaded and expended shotgun shells. The district court also denied Featherhat's motion to suppress the evidence found during this search.

T7 The State charged Featherhat with aggravated attempted murder and aggravated robbery. The parties stipulated to a competency evaluation for Featherhat, after which the district court found Featherhat competent to stand trial. Featherhat continued to assert diminished capacity and subsequently changed his plea to not guilty by reason of mental illness. The case proceeded to a jury trial in November 2008, and each side presented expert testimony as to Feath-erhat's mental capacity and its interplay with Featherhat's alcohol and drug use. The jury convicted Featherhat on both counts, and Featherhat appeals.

ISSUES AND STANDARDS OF REVIEW

18 Featherhat first argues that various jury instructions at his trial were incomplete or incorrect because the jury should have been instructed that the State bore the burden of disproving Featherhat's mental capacity defense, the instruction on aggravated murder should not have identified Officer Thomas by name, and a special mitigation instruction should have been given. "'Because jury instructions are statements of law, we review challenges to jury instructions under a correctness standard'" State v. Steele, 2010 UT App 185, ¶ 13, 236 P.3d 161 (quoting State v. Powell, 2007 UT 9, ¶ 11, 154 P.3d 788).

T9 Second, Featherhat argues that the district court erred in denying his motion to suppress his pre-Miranda question about Officer Thomas, his post-Miranda statements, and evidence recovered in the search of his room. In an appeal from the denial of a motion to suppress evidence, "we review the trial court's factual findings for clear error and we review its conclusions of law for correctness." State v. Tiedemann, 2007 UT 49, ¶ 11, 162 P.3d 1106.

T10 Third, Featherhat argues that, under his interpretation of Utah's aggravated robbery statute, the evidence does not support his aggravated robbery conviction. "'[Tlhe evidence and the reasonable inferences which may be drawn therefrom must be viewed in the light most favorable to the Jury verdict.'" State v. Schwenke, 2009 UT App 345, ¶ 8, 222 P.3d 768 (quoting State v. Johnson, 774 P.2d 1141, 1147 (Utah 1989)), cert. denied, 230 P.3d 127 (Utah 2010). "A jury conviction is reversed for insufficient evidence only when the evidence, so viewed, is sufficiently inconclusive or inherently improbable that reasonable minds must have *449 entertained a reasonable doubt that the defendant committed the crime of which he was convicted." Id. (internal quotation marks omitted).

{11 Finally, Featherhat argues that he received ineffective assistance of counsel. To prevail on his ineffective assistance claim, Featherhat "must show that his counsel rendered deficient performance which fell below an objective standard of reasonable professional judgment and that counsel's deficient performance prejudiced him." State v. Simmons, 2000 UT App 190, ¶ 4, 5 P.3d 1228 (internal quotation marks omitted).

ANALYSIS

1. Jury Instructions

{12 Featherhat raises three arguments relating to the instructions given to the jury at his trial. First, he argues that the jury instruction on his mental illness defense was inadequate in that it failed to instruct the jury that the State had the burden of disproving the defense. Second, he argues that the instruction on the elements of aggravated attempted murder should not have identified the victim, Officer Thomas, by name. Finally, he argues that the district court erred when it declined to give a requested instruction on special mitigation under Utah Code section 76-5-205.5, see Utah Code Ann. § 76-5-205.5 (Supp.2010).

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Bluebook (online)
2011 UT App 154, 257 P.3d 445, 682 Utah Adv. Rep. 13, 2011 Utah App. LEXIS 147, 2011 WL 1797264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-featherhat-utahctapp-2011.