HOWE, Justice:
Defendant Timmy Hill received $2,100 in cash from an undercover agent in exchange for one ounce of baking soda wrapped in newspaper that the defendant claimed was "good" cocaine. He now appeals from a jury conviction of theft by deception, a second degree felony in violation of U.C.A., 1953, § 76-6-405.
Defendant contends that he was improperly charged under § 76-6-405 of our criminal code, which provides in pertinent part:
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