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STATE v. POWELL

No. 19068.

672 P.2d 96 (1983)

STATE of Utah, Plaintiff and Respondent, v. Marvin Arthur POWELL, Defendant and Appellant.

Supreme Court of Utah.

October 20, 1983.

Attorney(s) appearing for the Case

H. Ralph Klemm, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Salt Lake City, for plaintiff and respondent.

PER CURIAM:

Defendant was convicted of attempted theft by receiving1 two horses which proved not to have been stolen, but which were employed in what has come to be known as a "sting" operation. The defendant urges on appeal that the offense could not be committed unless the subject property was shown to have in fact been stolen.

U.C.A., 1953, § 76-4-101 provides, in part, as follows:

(3) No defense to the offense...

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