STATE v. DANIELS

No. 15509.

584 P.2d 880 (1978)

The STATE of Utah, Plaintiff and Respondent, v. Gary William DANIELS, Defendant and Appellant.

Supreme Court of Utah.

September 13, 1978.


Attorney(s) appearing for the Case

F. John Hill of Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Michael L. Deamer, Deputy Atty. Gen., Craig L. Barlow, Asst. Atty. Gen., R. Paul Van Dam, Salt Lake County Atty., Salt Lake City, for plaintiff and respondent.


ELLETT, Chief Justice:

Defendant appeals from his conviction on the charge of theft. He was tried before a jury, convicted and sentenced by the court to an indeterminate term in the Utah State Prison not to exceed fifteen years.

The facts in this case are not disputed. Defendant took the stand and testified in his own behalf that sometime during the evening of June 14, 1977, he and a companion took a 1968 Corvette belonging to Midvalley Auto. Defendant started...

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