State v. Murphy

MAUGHAN, Justice:

The defendant appeals his conviction for possession of a stolen vehicle in violation of 76-6-408. We reverse. All statutory references are to Utah Code Annotated, 1953, as amended.

The defendant was arrested on the morning of November 11, 1978, after being found asleep in the back of a brown Dodge van. At the time of the arrest the van was parked in plain view at 400 North 800 West, Cedar City, Utah. When questioned about his possession of the van the defendant answered that an individual named “Mike” allowed him to sleep in the van, but gave no explanation of who Mike was or…