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STATE v. ELLIS

No. 971294-CA.

969 P.2d 1053 (1998)

STATE of Utah, Plaintiff and Appellee, v. Kenneth B. ELLIS, Defendant and Appellant.

Court of Appeals of Utah.

November 13, 1998.

Attorney(s) appearing for the Case

Catherine L. Begic and Kimberly A. Clark, Salt Lake Legal Defender Ass'n, Salt Lake City, for Appellant.

Jan Graham, Atty. Gen., and Kenneth A. Bronston, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before DAVIS, P.J., WILKINS, Associate P.J., and BILLINGS, J.

OPINION

BILLINGS, Judge:

Defendant Kenneth Ellis appeals his conviction for theft from a person, a second degree felony in violation of Utah Code Ann. § 76-6-412(1)(a)(iv) (Supp.1997). Because we conclude our decision is governed by our earlier decision in State v. Carter, Case No. 970038 (Utah Ct.App. July 16, 1998) (memorandum decision), we reverse and remand.1

FACTS

On June 27, 1996, defendant...

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