STATE v. HILL

No. 18180.

674 P.2d 96 (1983)

STATE of Utah, Plaintiff and Respondent, v. Wendell Irving HILL, Defendant and Appellant.

Supreme Court of Utah.

November 1, 1983.


Attorney(s) appearing for the Case

Brooke C. Wells of Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Robert N. Parrish, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


OAKS, Justice:

This case turns on whether theft is a lesser included offense of aggravated robbery on the facts of this case.

The relationship of lesser included offenses is significant for two purposes. "A defendant [1] may be convicted of an offense included in the offense charged [2] but may not be convicted of both the offense charged and the included offense." U.C.A., 1953, § 76-1-402(3). In other words, conviction of a lesser included offense (1...

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