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STATE v. SMITH

No. 18839.

700 P.2d 1106 (1985)

STATE of Utah, Plaintiff and Respondent, v. Curtis R. SMITH, Defendant and Appellant.

Supreme Court of Utah.

May 10, 1985.

Attorney(s) appearing for the Case

David L. Mower, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Dave B. Thompson, Asst. Atty. Gen., Salt Lake City, R. Don Brown, Co. Atty., Richfield, for plaintiff and respondent.

DURHAM, Justice:

Defendant Curtis R. Smith appeals from a conviction of rape, forcible sodomy, and burglary in violation of U.C.A., 1953, §§ 76-5-402 (Supp. 1981), 76-5-403 (Supp. 1981), and 76-6-202 (1978), respectively. We affirm.

In the early morning of March 28, 1982, the victim was awakened by a noise in her trailer home in Monroe, Utah. She arose, walked out of her bedroom, and found that the back door of the trailer was open. She reached for...

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