State v. McNEARNEY

246 P.3d 532 (2011)

2011 UT App 4

STATE of Utah, Plaintiff and Appellee,

v.

Joel Scott McNEARNEY, Defendant and Appellant.

No. 20090463-CA.

Court of Appeals of Utah.

January 6, 2011.

Debra M. Nelson and Tawni Hanseen, Salt Lake City, for Appellant.

Mark L. Shurtleff and Kenneth A. Bronston, Salt Lake City, for Appellee.

Before Judges DAVIS, THORNE, and ROTH.

OPINION

THORNE, Judge:

¶ 1 Joel Scott McNearney appeals from his second degree felony conviction on one count of burglary of a dwelling, see Utah Code Ann. § 76-6-202(2) (2008), arguing that the building that he was convicted of burglarizing does not…