State v. Brooks

MAUGHAN, Chief Justice:

Defendant was convicted by a jury of the crime of burglary in a dwelling, a felony of the second degree, Section 76-6-202, Utah Code Annotated, 1958, as amended. The trial court, in accordance with its statutory prerogative, Section 76-3-402(1), sentenced him for the next lower category, a third degree felony, to the Utah State Prison for an indeterminate term not to exceed five years. Defendant appeals therefrom. The conviction is reversed and the matter is remanded for a new trial. All statutory references are to Utah Code Annotated, 1953, as amended, unless otherwise…