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STATE v. IRVIN

No. 20060638-CA.

169 P.3d 798 (2007)

2007 UT App 319

STATE of Utah, Plaintiff and Appellee, v. Roy Drake IRVIN, Defendant and Appellant.

Court of Appeals of Utah.

September 27, 2007.

Attorney(s) appearing for the Case

Lori J. Seppi, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., Marian Decker, and Kris C. Leonard, asst. atty. gen., Salt Lake City, for Appellee.

Before GREENWOOD, Associate P.J., DAVIS and McHUGH, JJ.

OPINION

DAVIS, Judge:

¶ 1 Defendant Roy Drake Irvin appeals his convictions for two counts of aggravated robbery, both first degree felonies. See Utah Code Ann. § 76-6-302 (2003). We affirm in part and reverse in part.

BACKGROUND

¶ 2 On July 3, 2005, Defendant approached the counter at the Fast Track convenience store and asked the store clerk, Teresa Celis, for a pack of cigarettes and a cigar. Celis retrieved the...

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