State v. Garcia

TUCKETT, Justice.

This is an appeal by the State from an order of the district court arresting judgment and discharging the defendant.

The defendant and one Randall Robert Houle were charged with the crime of burglary in the second degree in the city court of Ogden City. The defendant was bound over and held to answer the charge in the district court where he was thereafter tried and found guilty. The code-fendant Houle, at the election of the prosecutor, was permitted to plead guilty to the crime of a trespass, a misdemeanor, and he was sentenced to serve a few days in jail. At the time the…