State v. Kinsey

OPINION

GARFF, Judge:

Defendant Charles Louis Kinsey appeals his convictions of retail theft, a second degree felony in violation of Utah Code Ann. § 76-6-602(1) (Supp.1989); aggravated assault, a third degree felony in violation of Utah Code Ann. § 76-5-103 (Supp. 1989); and carrying a concealed dangerous weapon, a class B misdemeanor in violation of Utah Code Ann. § 76-10-504 (Supp. 1989). We affirm in part and reverse in part.

On December 9, 1987, Wayne Dial, a Salt Lake County sheriff’s deputy who was also working as a security guard at Sears, observed and recorded on a closed-circuit…