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State v. Robinson1/3/2003
(For Official Publication)
The State appeals a magistrate's dismissal of a manslaughter charge against José Robinson, which arose from the deadly combination of drinking alcohol and playing with a gun. We affirm.
BACKGROUND
In the early morning of June 10, 2000, José Robinson and Christina Galbraith, his sister-in-law, were drinking beer and examining Mr. Robinson's handgun. While Ms. Galbraith was handling the gun, Mr. Robinson heard the slide activate. He then took the gun from her. Noticing that the gun appeared to be jammed, he pulled back the slide, ejecting a bullet from the gun. Mr. Robinson put the bullet back into the clip, and the next thing he remembers is hearing the gun fire. He then looked over at Ms. Galbraith and noticed that she was slumped over the arm rest of the couch. The bullet had hit her just below her left ear, and she died shortly thereafter. Investigators who later arrived on the scene determined Mr. Robinson's blood alcohol level to be .10.
Believing Mr. Robinson's conduct to be reckless, the State charged him with manslaughter. After considering the State's evidence at a preliminary hearing, however, a magistrate dismissed the charge, choosing not to bind Mr. Robinson over for trial. The State now appeals the dismissal.
STANDARD OF REVIEW AND APPLICABLE LAW
"The determination of whether to bind a criminal defendant over for trial is a question of law. Accordingly, we review that determination without deference to the court below." State v. Clark, 2001 UT 9, , 20 P.3d 300 (citations omitted).
"To bind a defendant over for trial, the State must show 'probable cause' at a preliminary hearing by 'present sufficient evidence to establish that "the crime charged has been committed and that the defendant has committed it."'" Id. at (quoting State v. Pledger, 896 P.2d 1226, 1229 (Utah 1995) (quoting Utah R. Crim. P. 7(h)(2))) (alteration in original). The "quantum of evidence necessary to support a bindover" is that amount necessary "to support a reasonable belief that an offense has been committed and that the defendant committed it."Id. at (emphasis added). In assessing the evidence presented, the magistrate "'must view all evidence in the light most favorable to the prosecution and must draw all reasonable inferences in favor of the prosecution.'" Id. at (quoting State v. Hester, 2000 UT App 159, , 3 P.3d 725).
Because the State "must . . . produce '"believable evidence of all the elements of the crime charged,"'" id. at (quoting State v. Emmett, 839 P.2d 781, 784 (Utah 1992) (quoting State v. Smith, 675 P.2d 521, 524 (Utah 1983))), we review the elements of manslaughter. A person commits manslaughter if he or she "recklessly causes the death of another." Utah Code Ann. § 76-5-205(1)(a) (Supp. 2002). Section 76-2-103(3) provides that a person acts recklessly when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Utah Code Ann. § 76-2-103(3) (1999). Determining whether a person acts recklessly under this definition "presents a conjecture-laden inquiry, involving both objective and subjective elements." State v. Singer, 815 P.2d 1303, 1307 (Utah Ct. App. 1991). SeeState v. Wessendorf, 777 P.2d 523, 526 (Utah Ct. App.) (" he trial court did not err in referring to an objective as well as a subjective standard, as both are involved in applyin
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