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STATE v. PITTS

No. 20290.

728 P.2d 113 (1986)

The STATE of Utah, Plaintiff and Respondent, v. Lawrence PITTS, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied December 3, 1986.

Attorney(s) appearing for the Case

Nancy Bergeson, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

PER CURIAM:

Defendant contests his conviction of burglary under U.C.A., 1953, § 76-6-202 (as amended), claiming that he was entitled at trial to a jury instruction on the lesser offense of theft.1 He also appeals his conviction on the basis that the evidence fails to show an unlawful entry with the intent to commit theft. We affirm.

The Handy Pantry is a convenience store located on Salt Lake City's west side. The front area...

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