State v. Gallegos

OPINION

BENCH, Judge:

Defendant appeals his sentence as a habitual offender under Utah Code Ann. § 76-3-203.5 (Supp.1996). We affirm.

BACKGROUND

Defendant was convicted by a jury of burglary, a second degree felony in violation of Utah Code Ann. § 76-6-202 (1995), and theft, a class B misdemeanor in violation of Utah Code Ann. § 76-6-404 (1995). The trial court sentenced defendant to six months in jail for the theft conviction. The court enhanced the sentence for the second degree felony burglary conviction to a first degree felony, pursuant to the habitual offender statute. See Utah Code Ann. §…