STATE v. GARCIA

No. 20081004-CA.

236 P.3d 853 (2010)

2010 UT App 196

STATE of Utah, Plaintiff and Appellee, v. Marcus Alexander GARCIA, Defendant and Appellant.

Court of Appeals of Utah.

July 15, 2010.


Attorney(s) appearing for the Case

Troy L. Booher and J. Elizabeth Haws, Salt Lake City, for Appellant.

Mark L. Shurtleff and Kenneth A. Bronston, Salt Lake City, for Appellee.

Before Judges DAVIS, McHUGH, and ORME.


OPINION

DAVIS, Presiding Judge:

¶ 1 Defendant Marcus Alexander Garcia appeals his conviction for burglary, a second degree felony, see Utah Code Ann. § 76-6-202 (2008). We affirm.

BACKGROUND

¶ 2 At approximately three o'clock in the morning on July 14, 2007, the victim was sleeping in her basement bedroom at her parents' home when she awoke to the sound of her bedroom door shutting. The victim,

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