State v. Martinez, 2019 UT App 166 (Oct. 18, 2019), State v. Bowden, 2019 UT App 167 (Oct. 18, 2019)

In these two criminal appeals, issued the same day, the court of appeals considered the defendants’ arguments that their convictions for felony discharge of a firearm should have merged with their convictions for attempted murder (Martinez) or attempted aggravated murder (Bowden).  Because Utah Code § 76-5-203 and Utah Code § 76-5-202 employ different language, the court of appeals affirmed the district court’s refusal to merge the felony discharge conviction with attempted murder in Martinez, but held the felony discharge conviction should have been merged with the attempted aggravated murder conviction in Bowden.