IN THE UTAH COURT OF APPEALS
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State of Utah,
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MEMORANDUM DECISION
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(Not For Official Publication)
Plaintiff and Appellee,
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Case No. 20050567-CA
v.
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F I L E D
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(September 8, 2006)
Jason Paul Meyer,
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2006 UT App 364
Defendant and Appellant.
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Second District, Ogden Department, 051900197
The Honorable Michael D. Lyon
Attorneys:
Dee W. Smith, Ogden, for Appellant
Branden B. Miles, Ogden, for Appellee
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Before Judges Bench, Billings, and McHugh.
McHUGH, Judge:
Jason Paul Meyer appeals from his conviction of assault, a
class A misdemeanor, see Utah Code Ann. 76-5-102 (2005), on the
basis that the trial court erred in permitting the jury to hear
evidence of his prior felony convictions and incarcerations. We
affirm.
Because the State has conceded that the trial court erred in
compelling Meyer to testify before the jury about his prior
felony convictions and incarcerations, the issue on appeal is
whether that evidence, on balance, was prejudicial to Meyer.
"The standard for reversal in cases involving an erroneous
failure to exclude prior convictions is whether absent the error,
there was a reasonable likelihood of a more favorable result for
the defendant." State v. Bruce, 779 P.2d 646, 656 (Utah 1989);
see also Utah R. Crim. P. 30(a) ("Any error, defect,
irregularity[,] or variance which does not affect the substantial
rights of a party shall be disregarded."). "Erroneous admission
of evidence is harmless if there is convincing, properly admitted
evidence of all essential elements of the case." Bruce, 779 P.2d
at 656 (quotations and citations omitted).

We hold that the error was harmless in this case. Once the
State elicited the information of Meyer's previous convictions
and incarcerations, it did not use that information further and
did not mention it in its closing arguments. More importantly,
Meyer testified on direct examination that he hit the victim:
"There was one punch thrown. . . . I probably threw the first
punch, 'cause I was, you know, he might hit me first." He also
stated, "I'm saying I know I'm guilty for assault, yes, I am--you
know what I'm saying--but not to the fact that . . . cuz it was
an altercation." In light of Meyer's admissions, we cannot say
that the error by the trial court undermines our confidence in
the verdict.
Affirmed.
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Carolyn B. McHugh, Judge
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WE CONCUR:
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Russell W. Bench,
Presiding Judge
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Judith M. Billings, Judge
20050567-CA
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