Opinion
Case No. 20000682-CA.
Filed June 1, 2001. (Not For Official Publication)
Appeal from the Third District, Salt Lake Department, The Honorable Homer F. Wilkinson.
David V. Finlayson and Kent R. Hart, Salt Lake City, for Appellant.
Mark L. Shurtleff and Christopher D. Ballard, Salt Lake City, for Appellee.
Before Judges Jackson, Bench, and Thorne.
MEMORANDUM DECISION
Defendant asserts that because the State adduced only his confession as evidence of his guilt, the trial court erred in denying his motion to dismiss the charges. The State acknowledges that Utah follows the corpus delicti rule. Under that rule, a confession alone cannot support a conviction. In addition to the confession, the prosecution must adduce clear and convincing independent evidence that an injury occurred and that the injury resulted from criminal conduct. See, e.g., State v. Allen, 839 P.2d 291, 301 (Utah 1992); State v. Johnson, 821 P.2d 1150, 1163 (Utah 1990); State v. Nguyen, 878 P.2d 1183, 1188 (Utah Ct.App. 1994). The State acknowledges that the stipulated facts did not reflect the existence of inculpatory evidence independent of defendant's confession.
After briefing was completed, the State filed a suggestion that the court certify the appeal to the Utah Supreme Court in accordance with rule 43 of the Utah Rules of Appellate Procedure. This court declined to certify the appeal.
In light of the foregoing, the trial court's denial of defendant's motion to dismiss the charges is reversed, and the case is remanded for further proceedings.
Norman H. Jackson, Associate Presiding Judge.
We concur Russell W. Bench, Judge and William A. Thorne, Jr., Judge.