STATE v. REEDEKER

No. 13732.

534 P.2d 1240 (1975)

The STATE of Utah, Plaintiff and Respondent, v. Herman Hendrick REEDEKER, Defendant and Appellant.

Supreme Court of Utah.

April 24, 1975.


Attorney(s) appearing for the Case

Kent B. Linebaugh, Johnson & Linebaugh, Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


HENRIOD, Chief Justice:

Appeal from a conviction for theft. Reversed with instructions. I agree with the verdict, but not the sentence. It seems reasonable to concede that:

I. The statutes say that 1) The sentence can be: Not more than five years and/or $5,000 fine, and 2) that probation may be given on condition the accused makes restitution "for the actual damages or losses caused by the offense when he is convicted; 3) that here the offense caused...

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