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STATE v. ANDERSON

No. 890395-CA.

797 P.2d 1114 (1990)

STATE of Utah, Plaintiff and Appellee, v. Devin Lincoln ANDERSON, Defendant and Appellant.

Court of Appeals of Utah.

August 13, 1990.

Attorney(s) appearing for the Case

James L. Shumate, Cedar City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen., Judith H. Atherton, Asst. Atty. Gen., for plaintiff and appellee.

Before GARFF, JACKSON and NEWEY, JJ.

OPINION

ROBERT L. NEWEY, Senior Juvenile Court Judge:

Defendant Devin Anderson was convicted of the theft of $17.75-worth of gasoline in violation of Utah Code Ann. § 76-6-404 (1990). After receiving evidence of prior theft convictions, the trial court in this case determined that Anderson had earlier been twice convicted of theft, and, pursuant to Utah Code Ann. § 76-6-412(1)(b)(ii) (1990), classified this crime as a third-degree felony. Anderson...

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