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STATE v. VELARDE

No. 900067-CA.

806 P.2d 1190 (1991)

STATE of Utah, Plaintiff and Appellee, v. Fred VELARDE, Jr., Defendant and Appellant.

Court of Appeals of Utah.

February 13, 1991.

Attorney(s) appearing for the Case

Joseph C. Fratto, Jr. (argued), Kevin Kurumada, Fratto & Fratto, Salt Lake City, for defendant and appellant.

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

Before BILLINGS, GARFF and RUSSON, JJ.

RUSSON, Judge:

Fred Velarde, Jr. appeals his convictions of burglary, a second degree felony, in violation of Utah Code Ann. § 76-6-202 (1990), and theft, a second degree felony, in violation of Utah Code Ann. § 76-6-404 (1990). We reverse and remand for a new trial.

On October 16, 1989, Velarde and two companions, Charles Sannicolas and Scott Bradley, were drinking and socializing at Sannicolas' residence, when a discussion ensued about obtaining...

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