State v. Gomez

ZIMMERMAN, Justice:

The State of Utah appeals from the trial court’s order dismissing an information charging Steve and Jacqueline Gomez with wrongful use of a financial transaction card under section 76-6-506.1 of the Code. The trial court found that sections 76-6-506.1 and 76-6-506.2 proscribed identical conduct, that section 76-6-506.2 carried a lesser penalty, and that the defendants were entitled to be charged with the lesser crime. We conclude that the statutes do not proscribe the same conduct because they do not contain the same elements; therefore, we reverse..

In January of 1985, the…