When asked if he could identify defendant as the man who had robbed him at the Deseret Inn, Davis said that he was fifty percent sure that defendant was the same man. While Davis had also noted that the person who robbed him smelled strongly of cologne or mousse, the glass partition at the Hilton prevented him from detecting any smell. Defendant was arrested and transported to the Salt Lake County jail. Defendant was charged with aggravated robbery, a first degree felony in violation of Utah Code Ann. A jury trial was held, after which defendant was convicted as charged.
Defendant now appeals.
There are two issues for our review. The second is whether the evidence was insufficient to support a conviction. The State argues that before a criminal defendant may challenge the jury's verdict on appeal on the basis of insufficient evidence, he or she must first raise that issue and thereby preserve it at the trial court. The State readily concedes that this position is a novel one, and that preservation of sufficiency claims is neither required by the rules of procedure nor case law. This rule applies to all claims, including constitutional questions, unless the petitioner demonstrates that 'plain error' occurred or 'exceptional circumstances' exist.