State v. Jackson

RUSSON, Associate Presiding Judge:

The State of Utah appeals the trial court’s order granting Thomas C. Jackson’s motion for a directed verdict on fourteen counts of theft, all class B misdemeanors, in violation of Utah Code Ann. § 76-6-404 (1990). We dismiss the appeal.

FACTS

In August 1990, Jackson was hired by Harper Construction Company (Harper) as a laborer to work on the Burr Trail outside of Boulder and Escalante, Utah. Approximately one week after he began work, Jackson switched positions from laborer to nighttime security guard for which he was paid $7.00 an hour, without subsistence…