State v. Lee

633 P.2d 48 (1981)

The STATE of Utah, Plaintiff and Respondent,

v.

Theodore LEE, Jr., Defendant and Appellant.

No. 16566.

Supreme Court of Utah.

June 30, 1981.

Robert Van Sciver, Edward K. Brass, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Craig L. Barlow, Salt Lake City, for plaintiff and respondent.

STEWART, Justice:

The defendant was charged and convicted of theft, a second-degree felony, in violation of § 76-6-404, Utah Code Ann. (1953), as amended, and burglary, a third-degree felony, in violation of § 76-6-202, Utah Code Ann. (1953), as amended. He appeals his conviction on…