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STATE v. GIBSON

No. 950093-CA.

908 P.2d 352 (1995)

STATE of Utah, Plaintiff and Appellee, v. Kip R. GIBSON, Defendant and Appellant.

Court of Appeals of Utah.

December 7, 1995.

Attorney(s) appearing for the Case

Kent E. Snider, Public Defender Ass'n, Inc. of Weber County, Ogden, for Appellant.

James H. Beadles, Asst. Atty. Gen., and Jan Graham, Atty. Gen., Salt Lake City, for Appellee.

Before ORME, P.J., and GREENWOOD and WILKINS, JJ.

OPINION

GREENWOOD, Judge:

Defendant, Kip R. Gibson, appeals his convictions for rape, a first degree felony, in violation of Utah Code Ann. § 76-5-402 (1995), and forcible sexual abuse, a second degree felony, in violation of Utah Code Ann. § 76-5-404 (1995). We affirm his rape conviction, but reverse and remand his conviction for forcible sexual abuse.

BACKGROUND

We recite the facts...

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