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STATE v. BARELA

No. 880547-CA.

779 P.2d 1140 (1989)

STATE of Utah, Plaintiff and Respondent, v. Eddie Walter BARELA, Defendant and Appellant.

Court of Appeals of Utah.

September 7, 1989.

Attorney(s) appearing for the Case

Quinn D. Hunsaker (argued), Brigham City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen., Dan R. Larsen (argued), Asst. Atty. Gen., for plaintiff and respondent.

Before BILLINGS, GARFF and GREENWOOD, JJ.

OPINION

BILLINGS, Judge:

Defendant Eddie Walter Barela appeals from his conviction of incest, a third degree felony, in violation of Utah Code Ann. § 76-7-102 (1989). Defendant contends the trial court violated his constitutional right of confrontation by admitting the victim's preliminary hearing testimony at trial, even though the victim was physically present. We reverse and remand for further proceedings consistent with this opinion.

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