STATE v. LUCERO

No. 12764.

498 P.2d 350 (1972)

28 Utah 2d 61

STATE of Utah, Plaintiff and Respondent, v. Frank LUCERO, Defendant and Appellant.

Supreme Court of Utah.

June 13, 1972.


Attorney(s) appearing for the Case

Lynn R. Brown, Ogden, for defendant and appellant.

Vernon B. Romney, Atty. Gen., David S. Young, Chief Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


ELLETT, Justice:

The defendant appeals from a conviction of grand larceny and requests this court to remand for the statutory sentence for petit larceny.

The evidence shows that the complaining witness was drinking beer in a tavern and had placed her purse on the bar about one or one and a half feet from her. The defendant walked past her, grabbed the purse, and ran. He was charged under the provisions of Section 76-38-4, U.C.A. 1953, which reads:

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