State v. Rogers

¶ 39 Defendant Rogers was charged with theft by receiving stolen property. See Utah Code Ann. § 76-6-408 (2003). The elements of this crime are: “(1) the defendant received, retained, or disposed of the property of another, (2) knowing that the property had been stolen or believing that it probably had been stolen, (3) with the purpose to deprive the owner thereof.” State v. Hill, 727 P.2d 221, 223 (Utah 1986). My colleagues do not question that the State, at the initial preliminary hearing, presented sufficient evidence of each of these elements.

¶40 My colleagues do question the sufficiency…