State v. Cornish

MAUGHAN, Justice:

Before us is a defendant who was convicted of a violation of our “joy riding” statute, 41-1-109, U.C.A.1953, a misdemeanor. He was charged with theft of a motor vehicle, a felony of the second-degree. All statutory references are to U.C. A.1953.

On appeal defendant contends he is entitled to be discharged. This claim is grounded on the assertion the crime proscribed in 41-1-109 is not a lesser included offense of the crime of theft proscribed in 76-6-404. We do not agree, and affirm the trial court.

A vehicle belonging to Pioneer Dodge, Inc. was left unlocked, with the ignition…