State v. Oliver

OPINION

GREENWOOD, Judge:

Appellant Greg N. Oliver appeals his conviction of burglary, a second degree felony, in violation of Utah Code Ann. § 76-6-202 (1989) and theft, a third degree felony, in violation of Utah Code Ann. § 76-6-404 (1989) on the bases that the trial court erred in denying his motion for a continuance and that admissible evidence supports only a misdemeanor theft conviction. We affirm in part, and reverse and remand in part.

BACKGROUND

At 2:30 p.m. on January 7, 1989, John Spielmans returned home from a basketball game with his son. He noticed that the side door to his garage,…