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STATE v. VOGT

No. 910016-CA.

824 P.2d 455 (1991)

STATE of Utah, Plaintiff and Appellee, v. John VOGT, Defendant and Appellant.

Court of Appeals of Utah.

December 11, 1991.

Attorney(s) appearing for the Case

Lisa J. Remal, Ronald S. Fujino (argued), Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen., Kenneth A. Bronston (argued), Asst. Atty. Gen., Salt Lake City, for plaintiff and appellee.

Before GARFF, GREENWOOD and RUSSON, JJ.

OPINION

RUSSON, Judge:

John Vogt appeals his conviction of attempted sexual abuse of a child, a third degree felony, in violation of Utah Code Ann. § 76-5-404.1 (1990).1 We affirm.

I. FACTS

For purposes of this appeal, the parties rely upon the police report for the relevant facts. The police report contains the following statement:

[Vogt] "put his hands down the front of [the victim's] pants,...

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