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State v. Powell
Citations: 672 P.2d 96; 1983 Utah LEXIS 1186Docket: No. 19068
Court: Utah Supreme Court; October 20, 1983; Utah; State Supreme Court
Defendant was convicted of attempted theft by receiving two horses that were not stolen but were part of a sting operation. On appeal, the defendant argued that the crime requires proof that the property was actually stolen. Under U.C.A. 1953. 76-4-101, a defense of factual or legal impossibility cannot be claimed if the crime could have occurred under the circumstances as the defendant believed them to be. The court referenced State v. Sommers, which established that actual theft is not a necessary element for attempted theft by receiving. The ruling emphasized that exonerating a defendant solely because the property was not stolen would undermine justice. The conviction was based on evidence of the defendant's criminal intent and an overt act supporting that intent. The court affirmed the verdict and judgment. Justice Stewart concurred with the results. The ruling aligns with decisions from other jurisdictions, reinforcing the principle that impossibility is not a valid defense in such cases.