STATE v. MONTAGUE

No. 17834.

671 P.2d 187 (1983)

The STATE of Utah, Plaintiff and Respondent, v. Keith MONTAGUE, Defendant and Appellant.

Supreme Court of Utah.

September 30, 1983.


Attorney(s) appearing for the Case

Connie L. Mower, Salt Lake City, for defendant and appellant.

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


HOWE, Justice:

Defendant Keith Montague appeals from his conviction for burglary, theft and being a habitual criminal. He seeks to have the habitual criminal conviction vacated and to have the burglary and theft convictions remanded for a new trial.

On March 9, 1981 a neighbor to a married couple saw the defendant enter their apartment by removing a screen from a window and then leave the apartment (through the doorway) carrying clothes and other articles...

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