State v. Johnson

HALL, Chief Justice:

Defendant Alfred William Johnson was convicted of second degree burglary in violation of Utah Code Ann. § 76-6-202 (1978) and of being a habitual criminal in violation of Utah Code Ann. § 76-8-1001 (1978). The trial court sentenced defendant to a term of one to fifteen years for the burglary conviction and a consecutive sentence of five years to life for the habitual criminal conviction. Defendant appeals the convic tions and sentences. We affirm the convictions but vacate the sentences and remand for resentencing.

When John and Eleanor Sargent left their apartment for…