State v. Stilling

HALL, Chief Justice:

Defendant Steven Michael Stilling appeals his convictions for aggravated robbery in violation of Utah Code Ann. § 76-6-302 (1978) and for being a habitual criminal in violation of Utah Code Ann. § 76-8-1001 (1978). The trial court sentenced defendant to two concurrent sentences of five years to life at the Utah state prison. We affirm the convictions but vacate the sentences and remand to the trial court for resentencing.

In March 1984, a Salt Lake County, Utah food store was robbed. A witness to the robbery identified defendant in a photo lineup as the robber.

In April…