State v. Johnson

ZIMMERMAN, Justice

(concurring in the result):

I agree with some of defendant’s claims of error, and I also agree with Justice Stewart’s separate opinion. However, in light of the evidence properly admitted and the jury’s separate verdict of guilty of first degree murder based on the determination that defendant had “engaged or employed another” to commit the homicide, I conclude that these errors were harmless. See, e.g., State v. Knight, 734 P.2d 913, 919-20 (Utah 1987). For that reason, I agree that the conviction should be affirmed.

DURHAM, J., concurs in the concurring opinion of ZIMMERMAN, J.