STATE v. BARBER

No. 860217-CA.

747 P.2d 436 (1987)

STATE of Utah, Plaintiff and Respondent, v. Anthony G. BARBER, Defendant and Appellant.

Court of Appeals of Utah.

December 22, 1987.


Attorney(s) appearing for the Case

Lisa J. Remal, Joan C. Watt, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

David L. Wilkinson, State Atty. Gen., Sandra L. Sjogren, Asst. Atty. Gen., for plaintiff and respondent.

Before ORME, JACKSON and GARFF, JJ.


OPINION

JACKSON, Judge:

Defendant Anthony Gene Barber appeals his Third District Court jury conviction of retail theft, a second-degree felony in violation of Utah Code Ann. § 76-6-602(1) (1987). He seeks reversal or remand with instructions to reduce the conviction to one for simple theft, a class B misdemeanor. We affirm.

A security guard observed Barber and his sons, ages eight and ten, in the ZCMI department store. The guard's attention...

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