The Appellate Group

State v. Martinez

State v. Martinez, 2021 UT 38 (Lee, A.C.J.)


Mr. Martinez was convicted of and sentenced for both felony discharge of a firearm and attempted murder. He moved to vacate the felony discharge counts under the merger doctrine. The district court denied the motion, and the court of appeals affirmed. On certiorari, The Utah Supreme Court reversed, holding:

  • The district court erred when it denied Mr. Martinez’s merger motion. Under the plain language and structure of the murder code, the anti-merger clause in subsection 76-5-203(5)(a) does not extend to the crime of attempted murder.

Read the full court opinion