State of Utah, Plaintiff and Respondent v. Chris Alfred Bertul, Defendant and Appellant

Summary

The court held that the booking sheet was improperly excluded under the business-record exception because police reports offered by a criminal defendant to support a defense are ordinarily admissible when the required foundation and indicia of trustworthiness are present. The error was harmless because the sheet did not materially support the defendant's intoxication defense in light of the evidence that he deliberately entered the pharmacy and removed drugs. The court also held that the undisputed evidence established burglary, so no criminal-trespass instruction was required.