OPINION
BILLINGS, Judge:
Defendant Frank Edward Pharris appeals his conviction of retail theft, a third degree felony, in violation of Utah Code Ann. § 76-6-602(1) (1989). We vacate the conviction and remand.
Defendant was accused of taking a VCR from a Sears store without paying for it. Police arrested defendant in the store parking lot with the VCR in his possession.
Defendant's trial was set for August 8, 1989. On the day of trial...
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