STATE v. BEGISHE

No. 950448-CA.

937 P.2d 527 (1997)

STATE of Utah, Plaintiff and Appellee, v. Kelly BEGISHE, Defendant and Appellant.

Court of Appeals of Utah.

April 24, 1997.


Attorney(s) appearing for the Case

Robert K. Heineman and Judith A. Jensen, Salt Lake City, for Defendant and Appellant.

Jan Graham and James H. Beadles, Salt Lake City, for Plaintiff and Appellee.

Before WILKINS, BILLINGS and ORME, JJ.


OPINION

ORME, Judge:

Kelly Begishe appeals his conviction for sexual abuse of a child, a second degree felony, in violation of Utah Code Ann. § 76-5-404.1 (1995). Appellant argues that the trial court erred in denying him a trial continuance or, in the alternative, in failing to exclude scientific evidence not properly disclosed by the prosecution. We agree and remand for a new trial.

FACTS

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