The Appellate Group

State v. Vance

State v. Vance, 2026 UT App 111 (Oliver, J.)

Criminal Law

The Utah Court of Appeals held:

The district court properly denied Defendant’s motion to dismiss because it was not barred by the statute of limitations.

Practice tip:

Utah’s theft-by-receiving-stolen-property statute encompasses multiple possible actus rei, some of which are discrete acts which are satisfied instantaneously but others are not. Whether theft by receiving stolen property constitutes a continuing offense is a fact specific question that depends on the actus reus at issue.

Practice tip:

Receiving stolen property is an instantaneous discrete act and is not a continuing offense. However, retaining stolen property contemplates ongoing possession and is therefore a continuing offense.

Read the full court opinion

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2026, Court of Appeals, Criminal, Q3
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