that [Chris] commit the 'crime of Aggravated Assault; or b. Was aware that his conduct was reasonably certain to result in [Chris] committing the crime of Aggravated Assault. (Emphases in original.) 124 During deliberation, the jury sent a note to the court seekmg clarification of two topics: Define => Aggravated Assault? Question: If leaving Kelly in the canyon does that = "Aggravated Assault"? The district court, without consulting Defendant's counsel or the State, responded in writing that "the elements for the crime of aggravated assault are given in the instructions, The other question, must be decided without my help. It is for the jury to decide." 125 The Utah Rules of Criminal Procedure specify how a district court is to react to notes from the jury, The court may " 1897) (<HOLDING>). This is especially true when the
holding good faith jury instruction is not necessary when the court has given an adequate specific intent instruction holding that it was not error for the court to give a substantive new instruction to the jury after deliberations began where the instruction was given in court with the defendant and his counsel present holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel holding that it was not plain error for the court not to give a self defense jury instruction where the defendant did not request one