State v. Anderson

OPINION

ROBERT L. NEWEY, Senior Juvenile Court Judge:

Defendant Devin Anderson was convicted of the theft of $17.75-worth of gasoline in violation of Utah Code Ann. § 76-6-404 (1990). After receiving evidence of prior theft convictions, the trial court in this case determined that Anderson had earlier been twice convicted of theft, and, pursuant to Utah Code Ann. § 76-6-412(l)(b)(ii) (1990), classified this crime as a third-degree felony. Anderson appeals the classification of this offense, and we reverse its classification as a third-degree felony.

To establish two prior theft convictions, the…