State v. Archuletta

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Troy Joseph Archuletta, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070528-CA F I L E D (May 30, 2008) 2008 UT App 194 ----Third District, Salt Lake Department, 061905136 The Honorable Randall N. Skanchy Attorneys: John Pace and Lisa J. Remal, Salt Lake City, for Appellant Mark L. Shurtleff and Joanne C. Slotnik, Salt Lake City, for Appellee ----- Before Judges Greenwood, Bench, and Orme. ORME, Judge: Even if the appropriate comparison for Shondel1 purposes is between criminal trespass, see Utah Code Ann. § 76-6-206(2)(a)(i) (Supp. 2007), and burglary, see id. § 76-6-202(1)(c) (2003), there simply is not the required "duplicat[ion] as to the elements of the crime." State v. Bryan, 709 P.2d 257, 263 (Utah 1985). On the contrary, any possible duplication is expressly excluded by the phraseology "under circumstances not amounting to burglary." Utah Code Ann. § 76-6-206(2). Nor is the difference between the two offenses illusory or merely semantic. While the criminal trespass provision refers generally to "property," 1. State v. Shondel, 22 Utah 2d 343, 453 P.2d 146 (1969). id. § 76-6-206(2)(a), the burglary provision refers specifically to a "building," id. § 76-6-202(1). Affirmed. ______________________________ Gregory K. Orme, Judge ----WE CONCUR: ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ Russell W. Bench, Judge 20070528-CA 2

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