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State of Utah, v. Jerry Lee Robertson, Case No. 940374, Filed February 18, 1997.

This opinion is subject to revision before final publication in the Pacific Reporter. IN THE SUPREME COURT OF THE STATE OF UTAH ----oo0oo---State of Utah, Plaintiff and Appellee, v. Jerry Lee Robertson, Defendant and Appellant.

No. 940374 FILED February 18, 1997 Third District, Salt Lake Div. I The Honorable Michael R. Murphy Attorneys: Jan Graham, Att'y Gen., Marian Decker, Asst. Att'y Gen., Howard Lemke, Salt Lake City, for plaintiff Mary C. Corporon, Kellie F. Williams, Salt Lake City, for defendant --ZIMMERMAN, Chief Justice : Jerry Lee Robertson appeals his 1994 jury conviction for murder and theft and the trial court's subsequent imposition of restitution costs totaling approximately $60,000. Robertson claims that the trial court made numerous errors during his trial, including (i)him competent to proceed to trial without making adequate findings of fact; (ii)to hold a hearing on the issue of competency; (iii)to stay all proceedings against him subsequent to the filing of a petition for inquiry into competency; (iv)his former wife's testimony against him; (v)to grant a mistrial following allegedly prejudicial statements made in the jury's presence; (vi)to give the jury his proposed reasonable doubt instruction and failing to instruct the jury on the theory of reasonable alternative hypothesis; and (vii)its discretion in ordering restitution costs. We have jurisdiction to hear Robertson's claims because this case is an appeal from a "district court involving a conviction of a first degree .felony." Utah Code Ann.

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