03/18/93 State Utah V. Robert W. Dunn

Robert W. Dunn appeals his 1981 jury conviction for second degree murder, Utah Code Ann. § 76-5-203 (1978 & Supp. 1979) (amended 1986), and aggravated kidnapping, id. § 76-5-302 (1978) (amended 1983). This is the third time his case has come before this court. We initially affirmed his conviction in a per curiam opinion in 1982. State v. Dunn, 646 P.2d 709 (Utah 1982). In April of 1990, we reversed a trial court's dismissal of Dunn's petition for  because we found sufficient grounds to permit him to claim ineffective assistance of counsel and to require a  hearing even though he had not made that claim during the initial appeal. Dunn v. Cook, 791 P.2d 873, 878-79 (Utah 1990) (plurality). In June of 1990,  we reinstated Dunn's right to appeal directly to this court. We now consider that appeal.