Orem City v. Cornejo

• Decision Date: 21 November 2003
• Docket Number: Case No. 20021030-CA.
• Citation: 2003 UT App 396
• Parties: Orem City, Plaintiff and Appellee, v. Jonathan D. Cornejo, Defendant and Appellant.
• Court: Utah Court of Appeals

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2003 UT App 396

Orem City, Plaintiff and Appellee, v. Jonathan D. Cornejo, Defendant and Appellant.

Case No. 20021030-CA.

Court of Appeals of Utah.

Filed November 21, 2003.

(Not For Official Publication).

Appeal from Fourth District, Orem Department The Honorable John C. Backlund

Randy M. Lish, Provo, for Appellant.

Michael G. Barker, Orem, for Appellee.

Before Judges Billings, Davis, and Thorne.

MEMORANDUM DECISION

PER CURIAM.

Appellant Cornejo appeals from a bench trial that resulted in a conviction of assault-domestic violence, pursuant to Utah Code Ann. § 76-5-102 (1999). Cornejo asserts on appeal that the City did not prove his guilt beyond a reasonable doubt because he presented evidence that conflicted with the testimony of the victim. He claims the trial court could not deem the victim's testimony credible because of the fact that there was an ongoing custody dispute between the victim and Cornejo and because the victim waited two days before reporting the incident to the police.

This court applies the "clearly erroneous" standard in reviewing convictions resulting from a bench trial. Unless the verdict is "against the clear weight of the evidence, or if the appellate court otherwise reaches a definite and firm conviction that a mistake has been made," the verdict will not be set aside. State v. Featherson, 781 P.2d 424, 431-32 (Utah 1989); State v. Goodman, 763 P.2d 786, 786-87 (Utah 1988); State v. Nichols, 2003 UT App 287,¶24, 76 P.3d 1173; State v. Andreason, 2001 UT App 395,¶4, 38 P.3d 982; State v. Eberwein, 2001 UT App 71,¶10, 21 P.3d 1139; American Fork City v. Rothe, 2000 UT App 277,¶2; State v. Larsen, 2000 UT App 106,¶10, 999 P.2d 1252; Spanish Fork City v. Bryan, 1999 UT App 61,¶5, 975 P.2d 501; State v. Reed, 839 P.2d 878, 879 (Utah Ct. App. 1992).

"Because the trial court had the opportunity to view these witnesses and weigh their credibility, we defer to its findings unless the record demonstrates clear error." Reed, 839 P.2d at 880. As in Reed, Cornejo has failed to show that his conviction was against the clear weight of the evidence, rather only that the prosecution and the defense disagreed on many crucial facts, and it is for the trier of fact to determine what testimony to believe. See id. at 779.

Judith M. Billings, Associate Presiding Judge, James Z. Davis, Judge and William A. Thorne Jr., Judge.