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STATE v. BURTON

No. 890655-CA.

800 P.2d 817 (1990)

STATE of Utah, Plaintiff and Appellee, v. Mitchell D. BURTON, Defendant and Appellant.

Court of Appeals of Utah.

October 16, 1990.

Attorney(s) appearing for the Case

Edward K. Brass, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, Barbara Bearnson, Salt Lake City, for plaintiff and appellee.

Before ORME, BENCH and BILLINGS, JJ.

OPINION

ORME, Judge:

Defendant Mitchell D. Burton appeals from a conviction of two counts of second degree felony theft. We reverse.

FACTS

In February 1984, defendant Burton contracted to sell his home to Jack La Monte Waldron. Burton's home was encumbered by two trust deeds, the first in favor of Valley Bank and Trust Company ("Valley") for $108,300 and a second in favor of First Security Financial ("First Security") for $102,969.80. Valley...

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