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State v. Maestas | 652 P.2d 903 (1982)
It’s often remarked that under the common law, prosecutions for attempted offenses may carry a greater burden to prove a defendant’s specific intent than prosecutions for completed offenses. But how does that work in a state in which a statutory criminal code has replaced the common law? The court in State versus Maestas intentionally considered that question and provided a specific answer.
Clyde Maestas robbed a bank and fled in a van. Salt Lake City Police Sergeant Cecil Throckmorton positioned his car to block the van, then tried to disable the van by firing once into its front. Maestas drove past Throckmorton, then leaned out the van’s window, pointed a pistol at Throckmorton, and fired once. Maestas missed Throckmorton, then drove away. Shortly thereafter, Maestas crashed into a parked car.
Maestas was charged with attempted first-degree murder. The jury found Maestas guilty, but the trial court then dismissed the charge. The prosecution appealed to the Utah Supreme Court.
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