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STATE v. WAITE

No. 890615-CA.

803 P.2d 1279 (1990)

STATE of Utah, Plaintiff and Appellee, v. Dennis L. WAITE, Defendant and Appellant.

Court of Appeals of Utah.

December 18, 1990.

Attorney(s) appearing for the Case

Ronald S. Fujino (argued), Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen., Charlene Barlow (argued), Asst. Atty. Gen., for plaintiff and appellee.

Before BENCH, BILLINGS and GREENWOOD, JJ.

BILLINGS, Judge:

Defendant Dennis L. Waite appeals his conviction of five counts of securities fraud in violation of Utah Code Ann. § 61-1-1 (1989), and five counts of theft by deception in violation of Utah Code Ann. § 76-6-405 (1990). We reverse and remand for a new trial.

In October 1986, defendant created Elite Investment Association ("Elite"), a limited partnership, with himself as general partner and Arlo James and Donald Stoddard as limited...

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