State v. Yates

OPINION

JACKSON, Judge:

Lewis Ricky Yates appeals his sentence for theft, a class A misdemeanor, in violation of Utah Code Ann. § 76-6-404 (1995). Specifically, Yates challenges the classification of his offense as a class A misdemeanor, arguing he is entitled to a lesser punishment afforded by the amended statute that became effective between his plea agreement and sentencing. We reverse and remand.

FACTS

The facts are undisputed. When Yates broke up with his former girlfriend, Raylynn Coumier, he moved out and took her property. The State charged Yates with third degree felony theft pursuant to…