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STATE v. SMITH

No. 900214-CA.

817 P.2d 828 (1991)

STATE of Utah, Plaintiff and Appellee, v. Rodney W. SMITH, Defendant and Appellant.

Court of Appeals of Utah.

September 4, 1991.

Attorney(s) appearing for the Case

Frances M. Palacios and Elizabeth Holbrook, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen., and Marian Decker, Asst. Atty. Gen., Salt Lake City, for plaintiff and appellee.

Before GARFF, JACKSON and RUSSON, JJ.

OPINION

JACKSON, Judge:

Defendant, Rodney W. Smith, appeals his conviction of theft, a second degree felony, in violation of Utah Code Ann. § 76-6-404 (1990). We reverse and remand for a new trial.

FACTS

After business hours on August 16, 1989, defendant and a friend, Scott Montoya, drove to Hot Water Products (HWP), a wholesale spa dealer in Salt Lake City, Utah, and loaded a preplumbed spa onto defendant's truck. The spa was delivered...

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