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State of Utah v. Ricks
IN THE UTAH COURT OF APPEALS
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State of Utah,
Plaintiff and Appellee,

v.
David Anthony Ricks,
Defendant and Appellant.
MEMORANDUM DECISION
(Not For Official Publication)
Case No. 20010443-CA

F I L E D
October 3, 2002


Third District, Salt Lake Department The Honorable Timothy R. Hanson
Attorneys: Sharon L. Preston, Salt Lake City, for Appellant Mark L. Shurtleff and Thomas Brunker, Salt Lake City, for Appellee
Before Judges Billings, Bench, and Greenwood.
BENCH, Judge:
Defendant argues that the trial court erred when it denied his motion for a directed verdict. When reviewing a trial court's ruling on a motion for directed verdict, we view the evidence "in a light most favorable to the State," and consider whether "the jury acting fairly and reasonably could find the defendant guilty beyond a reasonable doubt." State v. Taylor , 884 P.2d 1293, 1296 (Utah Ct. App. 1994) (quotations and citation omitted).
Defendant argues that the State failed to make its prima facie case against him in that the victim's testimony was the only evidence before the jury that Defendant used a weapon to commit the crimes. Defendant characterizes the victim's testimony as "inherently improbable" because of inconsistencies between her initial police report and her trial testimony. We disagree. The State made its prima facie case by introducing "some evidence," namely the victim's testimony, that Defendant used a weapon in the commission of the crime. Id. (quotations and citation omitted). Therefore, the trial court properly sent the case to the jury to "'weigh the evidence and to determine the credibility of the [victim] . . . .'" State v. Booker , 709 P.2d 342, 345 (Utah 1985) (quoting State v. Lamm , 606 P.2d 229, 231 (Utah 1980)).
Next, Defendant argues that he received ineffective assistance from counsel because his trial counsel did not request that the two counts be severed. As a result, evidence of Defendant's status as a convicted felon was heard by the jury deciding the aggravated assault charge. To prevail on an ineffective assistance claim, Defendant must prove, "'first, that his counsel rendered a deficient performance . . . , which performance fell below an objective standard of reasonable professional judgment and, second, that counsel's performance prejudiced [Defendant].'" Parsons v. Barnes , 871 P.2d 516, 521 (Utah 1994) (quoting Bundy v. Deland , 763 P.2d 803, 805 (Utah 1988)).
Even assuming Defendant could overcome our presumption that trial counsel's decision not to request severance was part of a "sound trial strategy," State v. Parker , 2000 UT 51,

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