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West Valley City v. Decker. Filed April 6, 2000
IN THE UTAH COURT OF APPEALS
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West Valley City,
Plaintiff and Appellee,

v.
James W. Decker,
Defendant and Appellant.
MEMORANDUM DECISION
(Not For Official Publication)
Case No. 990029-CA

F I L E D
April 6, 2000


Third District, West Valley Department The Honorable Ann Boyden
Attorneys: Stephen G. Homer, West Jordan, for Appellant Elliot R. Lawrence, West Valley City, for Appellee
Before Judges Bench, Billings, and Orme.
BENCH, Judge:
Decker contends that the evidence adduced at trial was insufficient to support his convictions of attempted theft and theft by
deception. We disagree that the evidence was insufficient to support Decker's attempted theft conviction. The evidence established that Decker removed some photographs from the City's file and hid them between two telephone books.(1) Decker then returned the file, minus the photographs. Decker later picked up the telephone books and left the building, unaware that City employees had retrieved the photographs while he paid for some copies. These facts sufficiently support the attempted theft conviction because they demonstrate that Decker "engage[d] in conduct constituting a substantial step toward the commission of the offense." Utah Code Ann.

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