STATE v. LLOYD

No. 14472.

568 P.2d 357 (1977)

The STATE of Utah, Plaintiff and Respondent, v. Richard Ivan LLOYD, Defendant and Appellant.

Supreme Court of Utah.

August 10, 1977.


Attorney(s) appearing for the Case

Larry R. Keller, of Salt Lake Legal Defender Assn., Salt Lake City, for defendant and appellant.

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


WILKINS, Justice:

The principal issue raised in this appeal is whether or not the unlawful taking of a vehicle, Utah Code Annotated, Section 41-1-109 (1953), is a lesser and included offense of theft of an operable motor vehicle, Utah Code Annotated, Section 76-6-404 (Supp. 1975). All subsequent statutory references are to Utah Code Annotated (Supp. 1975) unless otherwise indicated.

The owner of the automobile in question in this case parked it in front of...

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