FERNANDEZ v. COOK

No. 910395.

870 P.2d 870 (1993)

Anastacio FERNANDEZ, Jr., Plaintiff and Appellee, v. Gerald L. COOK, Warden, Utah State Prison; R. Paul Van Dam, Utah Attorney General, Defendants and Appellants.

Supreme Court of Utah.

Rehearing Denied November 9, 1993.


Attorney(s) appearing for the Case

Robert M. Archuleta, Salt Lake City, for plaintiff and appellee.

R. Paul Van Dam, Atty. Gen., J. Frederic Voros, Jr., Asst. Atty. Gen., Salt Lake City, for defendants and appellants.


HALL, Chief Justice:

The State appeals the grant of a petition for habeas corpus and the denial of the State's motion for new trial. We reverse.

On May 9, 1986, a jury convicted Anastacio Fernandez, Jr., of two counts of rape of a child in violation of Utah Code Ann. § 76-5-402.1. At trial, the State's primary witness was Fernandez' daughter ("P.F."), who stated that from the time she was eleven years old to the time she was thirteen years old, Fernandez...

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