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STATE v. PAYNE

No. 971207-CA.

964 P.2d 327 (1998)

STATE of Utah, Plaintiff and Appellee, v. Douglas Robert PAYNE, Defendant and Appellant.

Court of Appeals of Utah.

August 6, 1998.

Attorney(s) appearing for the Case

Catherine L. Begic, Susanne Gustin-Furgis, John O'Connell, Jr., Salt Lake Legal Defender Association, Salt Lake City, for Defendant and Appellant.

Jan Graham, Atty. Gen., and Laura B. Dupaix, Asst. Atty. Gen., Criminal Appeals Div., Salt Lake City, for Plaintiff and Appellee.

Before DAVIS, WILKINS and ORME, JJ.

OPINION

ORME, Judge:

Douglas Robert Payne appeals his conviction for lewdness involving a child, a class A misdemeanor, in violation of Utah Code Ann. § 76-9-702.5 (1995).1 His primary challenge concerns the trial court's refusal to instruct the jury on lesser included offenses. Because the trial court's only errors were harmless, we affirm.

FACTS

Payne appeals from a jury verdict. Accordingly, "we recite...

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