State v. Irvin

OPINION

DAVIS, Judge:

1 1 Defendant Roy Drake Irvin appeals his convictions for two counts of aggravated robbery, both first degree felonies. See Utah Code Ann. § 76-6-302 (2008). We affirm in part and reverse in part.

BACKGROUND

1 2 On July 3, 2005, Defendant approached the counter at the Fast Track convenience store and asked the store clerk, Teresa Celis, for a pack of cigarettes and a cigar. Celis retrieved the cigarettes, but as she turned around to reach for the cigar, Defendant came behind the counter, brandished a knife, and demanded that Celis open the cash register drawer. After Celis…