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STATE v. OWENS

No. 870342-CA.

753 P.2d 976 (1988)

STATE of Utah, Plaintiff and Appellant, v. Curtis OWENS, Defendant and Respondent.

Court of Appeals of Utah.

April 29, 1988.

Attorney(s) appearing for the Case

David L. Wilkinson, Atty. Gen., David B. Thompson, Asst. Atty. Gen., Salt Lake City, for the State.

Before JACKSON, BENCH and BILLINGS, JJ.

MEMORANDUM DECISION

JACKSON, Judge:

The State seeks reversal of an order granting a new trial after a jury convicted defendant of theft of rented property, a violation of Utah Code Ann. § 76-6-410 (1978). We dismiss the appeal.

Our answer to one question is dispositive of this appeal:

Does the State have the right to appeal from an order granting a criminal defendant a new trial after defendant...

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