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STATE v. BROOKS

No. 16729.

631 P.2d 878 (1981)

STATE of Utah, Plaintiff and Respondent, v. Ronnie S. BROOKS, Defendant and Appellant.

Supreme Court of Utah.

May 28, 1981.

Attorney(s) appearing for the Case

G. Fred Metos, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Earl F. Dorius, Salt Lake City, for plaintiff and respondent.

MAUGHAN, Chief Justice:

Defendant was convicted by a jury of the crime of burglary in a dwelling, a felony of the second degree, Section 76-6-202, Utah Code Annotated, 1953, as amended. The trial court, in accordance with its statutory prerogative, Section 76-3-402(1), sentenced him for the next lower category, a third degree felony, to the Utah State Prison for an indeterminate term not to exceed five years. Defendant appeals therefrom. The conviction is reversed...

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