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STATE v. SERPENTE

No. 870422-CA.

768 P.2d 994 (1989)

STATE of Utah, Plaintiff and Respondent, v. Marie SERPENTE, Defendant and Appellant.

Court of Appeals of Utah.

February 9, 1989.

Attorney(s) appearing for the Case

Candice A. Johnson, Salt Lake City, for defendant and appellant.

David E. Yocom, Rodwicke Ybarra, Salt Lake City, for plaintiff and respondent.

Before BILLINGS, JACKSON and ORME, JJ.

BILLINGS, Judge:

Defendant Marie Serpente appeals her conviction of lewdness involving a child, a class A misdemeanor in violation of Utah Code Ann. § 76-9-702.5 (1988). Ms. Serpente claims the raising of her dress and slight exposure of her covered buttocks does not constitute "exposure" or rise to the level of an "act of gross lewdness" under § 76-9-702.5. We agree, and reverse Ms. Serpente's conviction.

FACTS

On April 2, 1986, Ms. Serpente...

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