State v. Winward

OPINION

BENCH, Judge:

Defendant appeals her conviction of unlawful dealing with property by fiduciary, a second degree felony, in violation of Utah Code Ann. § 76-6-513 (1990). We reverse.

FACTS

On appeal from a jury verdict, we recite the facts in a light most favorable to the jury’s verdict. State v. Hancock, 874 P.2d 132, 133 (Utah App.), cert. denied, 883 P.2d 1359 (Utah 1994).

In July of 1992, George and Marie Bauer lived in Henderson, Nevada, but also owned a home in Cedar City, Utah. The Bauers listed their Cedar City home for sale with ERA Realty in Cedar City. The original listing price…