State v. Clark

STEWART, Justice:

Defendant was convicted of theft of livestock, a third-degree felony in violation of § 76-6-404 1 and sentenced pursuant to § 76 — 6—412(l)(b)(iii), 2 Utah Code Ann. (1953), as amended, for stealing three turkeys from a turkey farm in a rural area of Utah. The gravamen of the appeal is that § 76-6-412(l)(b)(iii), in making theft of livestock a third-degree felony, irrespective of the value of the livestock, is unconstitutional as a denial of equal protection of the laws and as a violation of the prohibition against private or special laws, and that the sentence imposed upon…