State v. Carruth

DURHAM, Associate Chief Justice:

¶ 1 This case is before us on writ of certio-rari to the Utah Court of Appeals, which vacated a jury verdict convicting Jeffrey Lynn Carruth of felony joyriding and entered a conviction for misdemeanor joyriding. See State v. Carruth, 947 P.2d 690 (Utah Ct.App.1997). The court of appeals held that the trial court erred in giving a State-requested jury instruction on felony joyriding. Under this court’s decision in State v. Baker, 671 P.2d 152 (Utah 1983), the court of appeals concluded that the State’s request for a lesser-ineluded offense instruction should be…