Bountiful City v. Sisch
Bountiful City v. Sisch, 2023 UT App 141 (Harris, J.)
A defendant was convicted of criminal trespass after a bench trial. He appealed arguing that the State failed to produce sufficient evidence that the “owner” had asked him to leave. The Utah Court of Appeals affirmed, holding:
- The City provided sufficient evidence to support the trial court’s conclusion that a store manager had authority to act for the “owner” of the parking lot.
- Practice tip: A defendant in a criminal bench trial is not required to preserve a challenge to the sufficiency of the evidence regarding the statutory elements of the crime.