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STATE v. GALLEGOS

No. 960454-CA.

941 P.2d 643 (1997)

STATE of Utah, Plaintiff and Appellee, v. David A. GALLEGOS, Defendant and Appellant.

Court of Appeals of Utah.

Certiorari Denied October 7, 1997.

Attorney(s) appearing for the Case

Kent E. Snider, Utah County Public Defenders' Ass'n, Ogden, for Defendant and Appellant.

Jan Graham, Atty. Gen. and Kris C. Leonard, Asst. Atty. Gen.,Salt Lake City, and Gary R. Heward, Deputy Weber County Atty., Ogden, for Appellee.

Before BENCH, BILLINGS and GREENWOOD, JJ.

OPINION

BENCH, Judge:

Defendant appeals his sentence as a habitual offender under Utah Code Ann. § 76-3-203.5 (Supp.1996). We affirm.

BACKGROUND

Defendant was convicted by a jury of burglary, a second degree felony in violation of Utah Code Ann. § 76-6-202 (1995), and theft, a class B misdemeanor in violation of Utah Code Ann. § 76-6-404 (1995). The trial court sentenced defendant to six months in jail for the theft conviction...

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