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STATE v. LOPEZ

No. 910074.

886 P.2d 1105 (1994)

STATE of Utah, Plaintiff and Appellee, v. Benny LOPEZ, Defendant and Appellant.

Supreme Court of Utah.

December 8, 1994.

Attorney(s) appearing for the Case

Jan Graham, Atty. Gen., J. Frederic Voros, Jr., Todd Utzinger, Asst. Attys. Gen., Salt Lake City, for plaintiff.

Lee C. Rasmussen, Salt Lake City, for defendant.

HOWE, Justice:

Defendant Benny Lopez appeals from his conviction of two first degree felonies, aggravated sexual abuse of a child in violation of Utah Code Ann. § 76-5-404.1 (1990) and sodomy on a child in violation of Utah Code Ann. § 76-5-403.1 (1990).

At approximately 8:30 a.m. on Friday, December 8, 1989, the victim, a ten-year-old female student at Timpanogos Elementary School, was molested by a stranger as she walked through a tunnel beneath...

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