The Utah Court of Appeals held:
(1) The district court did err when it denied giving a lesser-included-offense instruction because there was no reasonable likelihood of a different result.
(2) The district court erred when it denied Defendant’s motion to arrest judgment because the State failed to prove the required elements of the refusal to submit charge.
(3) Trial counsel did not perform deficiently for failing to object to an officer’s description of the arrest as a ‘felony stop’ because it was reasonable trial strategy to avoid drawing more attention to the word ‘felony.’
(4) Trial counsel did not perform deficiently by choosing to run two layered and potentially alternative defenses.