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STATE v. KOTZ

No. 860269-CA.

758 P.2d 463 (1988)

STATE of Utah, Plaintiff and Respondent, v. Randall Edward KOTZ, Defendant and Appellant.

Court of Appeals of Utah.

July 22, 1988.

Attorney(s) appearing for the Case

Debra K. Loy (argued), Joan C. Watt, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Earl F. Dorius (argued), Asst. Atty. Gen., for plaintiff and respondent.

Before BENCH, GARFF and JACKSON, JJ.

OPINION

GARFF, Judge:

Defendant Kotz appeals his jury conviction for theft, a second degree felony. We affirm.

Kotz was arrested and charged with theft on July 11, 1986. He was tried before a jury on September 10 and 11, 1986. At the conclusion of his case, the jury was excused. After approximately four hours of deliberation, the jury informed the court that it had reached an impasse and was unable to deliver a verdict.

The court and counsel...

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