STATE v. NIELD

No. 890465-CA.

804 P.2d 537 (1990)

STATE of Utah, Plaintiff and Appellee, v. Kevin Jon NIELD, Defendant and Appellant.

Court of Appeals of Utah.

December 28, 1990.


Attorney(s) appearing for the Case

Shelden R. Carter (argued), Harris, Carter and Harrison, Provo, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen., Judith S.H. Atherton (argued), Asst. Atty. Gen., Salt Lake City, for plaintiff and appellee.

Before GARFF, JACKSON and ORME, JJ.


JACKSON, Judge:

Kevin Jon Nield appeals his conviction of burglary of a business, a third-degree felony in violation of Utah Code Ann. § 76-6-202 (1990). We affirm.

On the evening of May 16, 1988, Gerald Freeman was told that his diesel repair business might be burglarized that night. Freeman relayed this to the police and obtained an extra police patrol of the premises. Deputy Corry checked the Fillmore Diesel building at 10:00 p.m. and found it undisturbed...

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