State v. Maestas, 652 P.2d 903 (Utah 1982)

  • Facts: After robbing a bank, ∆ Maestas fled in a van. As Sgt. Throckmorton tried to disable the van by gunfire, Maestas leaned out the window and shot at the officer. He crashed and was caught. Charged with attempted first-degree murder.
  • Issue: Whether Utah requires the same culpability standard for attempted commission as for the completed offense (i.e., does CL "specific intent" still apply to attempts under the Utah code)?
  • Rule: Under Utah law, the culpability standards are the same for the attempted and completed offenses. The CL's heightened specific-intent requirement for attempts is abolished.
  • Analysis: Utah's code abrogated CL crimes. The intentional-or-knowing standard for first-degree murder applies equally to attempted first-degree murder. The trial court erred by applying a CL specific-intent overlay.
  • Judgment: Reversed; jury verdict reinstated.

Reading: pp. 262–67. See Ch. 6—Attempt. (Note: in majority CL jurisdictions, attempt still requires specific intent—Maestas is the minority/code rule.)