Opinion
Case No. 20070528-CA.
Filed May 30, 2008. Not For Official Publication
Appeal from the Third District, Salt Lake Department, 061905136, The Honorable Randall N. Skanchy.
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.
MEMORANDUM DECISION
Even if the appropriate comparison for Shondel 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," id. § 76-6-206(2)(a), the burglary provision refers specifically to a "building," id. § 76-6-202(1).
State v. Shondel, 22 Utah 2d 343, 453 P.2d 146 (1969).
Affirmed.
WE CONCUR: Pamela T. Greenwood, Presiding Judge, Russell W. Bench, Judge.