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STATE v. GOMEZ

No. 20520.

722 P.2d 747 (1986)

The STATE of Utah, Plaintiff and Appellant, v. Steve GOMEZ and Jacqueline Gomez, Defendants and Respondents.

Supreme Court of Utah.

Rehearing Denied July 29, 1986.

Attorney(s) appearing for the Case

David L. Wilkinson, Atty. Gen., J. Stephen Mikita, Ted Cannon, Co. Atty., Gregory L. Bown, Salt Lake City, for plaintiff and appellant.

Nancy Bergeson, Khris Harrold, Salt Lake City, for defendants and respondents.

ZIMMERMAN, Justice:

The State of Utah appeals from the trial court's order dismissing an information charging Steve and Jacqueline Gomez with wrongful use of a financial transaction card under section 76-6-506.1 of the Code. The trial court found that sections 76-6-506.1 and 76-6-506.2 proscribed identical conduct, that section 76-6-506.2 carried a lesser penalty, and that the defendants were entitled to be charged with the lesser crime. We conclude that the statutes...

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