STATE v. CANDELARIO

No. 940500-CA.

909 P.2d 277 (1995)

STATE of Utah, Plaintiff and Appellee, v. Tracy Alan CANDELARIO, Defendant and Appellant.

Court of Appeals of Utah.

December 21, 1995.


Attorney(s) appearing for the Case

David V. Finlayson and Robert K. Heineman, Salt Lake City, for Appellant.

J. Frederic Voros, Jr. and Jan Graham, Salt Lake City, for Appellee.

Before ORME, BENCH and WILKINS, JJ.


ORME, Presiding Judge:

Defendant Tracy Candelario appeals his sentence for robbery. Defendant contends that merely threatening the use of a firearm is not enough to warrant a one-year enhancement under Utah Code Ann. § 76-3-203(2) (Supp.1995) when the perpetrator does not actually carry or display a dangerous weapon or a facsimile or likeness of a dangerous weapon. We disagree and affirm defendant's sentence.

FACTS

Defendant entered a credit...

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