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727 P.2d 218

44 UtahAdv.Rep. 15

State v. Cash

Utah Supreme Court

Decided October 20, 1986

Utah Supreme Court · decided 1986-10-20

Cited by 2 later decisions — most recently December 1993

2 state decisions

Relies on State v. Lairby · State v. Knill

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-20

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PER CURIAM:

¶1Defendant appeals convictions of theft (U.C.A., 1953, § 76-6-404) and of being a habitual criminal (U.C.A., 1953, § 76-8-1001). The only issue presented on appeal concerns the trial court’s refusal to give the jury a lesser included offense instruction.

¶2Defendant admitted at trial that on August 21, 1985, he took a used Corvette automobile from a dealer’s lot in Ogden, Utah. He placed his own personalized license plates on the vehicle and drove to his hometown in Texas. On September 6, 1985, he was arrested in Kingman, Arizona.

¶3Defendant claims that he intended to use the car only temporarily and that when he was arrested, he was thwarted in his attempt to return the vehicle. At trial, he apparently requested the court to instruct the jury on the lesser included offense of joy riding under U.C.A., 1953, § 41-1-109. The trial court denied the instruction, and defendant took this appeal.

¶4We have repeatedly stated that we will not review the denial of a requested instruction unless it is included in the record. State v. Lairby, 699 P.2d 1187, 1201 (Utah 1984); State v. Knill, 656 P.2d 1026, 1029 (Utah 1982). The record on appeal contains neither the instructions actually given to the jury nor those requested but denied. Because defendant has not included in the record his requested instruction on joy riding, we are precluded from addressing the issue.

¶5There being no other points raised on appeal, defendant’s convictions are affirmed.

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