STATE v. BURNETT

No. 19640.

712 P.2d 260 (1985)

The STATE of Utah, Plaintiff and Respondent, v. Jerry A. BURNETT, Defendant and Appellant.

Supreme Court of Utah.

December 24, 1985.


Attorney(s) appearing for the Case

D. Gilbert Athay, Salt Lake City, for defendant and appellant.

David L. Wilkinson and, Sandra S. Sjogren, Salt Lake City, for plaintiff and respondent.


ZIMMERMAN, Justice:

Defendant Jerry Burnett appeals from a jury conviction on eight counts of theft based on eight checks he had written for personal expenses against the trust account of American Pension Services. Burnett argues that the trial court abused its discretion in denying both his motion for a judgment of acquittal at the close of the State's case and his motion for a mistrial because the offenses charged in the information were materially different from...

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