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STATE v. BROWN

No. 870504-CA.

771 P.2d 1093 (1989)

STATE of Utah, Plaintiff and Respondent, v. David E. BROWN, Defendant and Appellant.

Court of Appeals of Utah.

April 4, 1989.

Attorney(s) appearing for the Case

R. Paul Van Dam, Dan R. Larsen, Salt Lake City, for plaintiff and respondent.

Frances M. Palacios, Joan C. Watt, Richard G. Uday, Salt Lake City, for defendant and appellant.

Before BENCH, BILLINGS and GREENWOOD, JJ.

OPINION

GREENWOOD, Judge:

David E. Brown appeals from his conviction of theft, a third degree felony in violation of Utah Code Ann. § 76-6-404 (1978). We affirm.

On July 28, 1987, the store manager at a Farmer Jack's grocery store saw Brown place a case containing thirty cartons of cigarettes in a shopping cart. Brown pushed the cart up and down the aisles then abandoned it and went out of the store...

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