590 P2D 346 - State v. Sandoval

WILKINS, Justice

¶1(dissenting):

¶2I respectfully dissent.

¶3There is I believe an infringement on the constitutional rights1 of the defendant, where as here, he was subjected as described in the majority opinion to comments and efforts by counsel for a co-defendant which were designed to vivify the defendant’s not taking the stand and testifying, and thus suggesting the guilt of the defendant not shared by the co-defendant.

¶4In this case I believe we must presume prejudice because the defendant’s constitutional rights were violated and I am not convinced that that presumption was overcome beyond a reasonable doubt.2

MAUGHAN, J., concurs with the views expressed in the dissenting opinion of WILKINS, J.

¶5. Art. I, Sec. 7, Constitution of Utah, and Fifth Amendment, Constitution of the United States.

¶6. State v. Tippetts, Utah, 584 P.2d 892 (1978); State v. Scandrett, 24 Utah 2d 202, 468 P.2d 639 (1970); Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1966).