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STATE v. THOMAS

No. 970068.

974 P.2d 269 (1999)

1999 UT 2

STATE of Utah, Plaintiff and Appellee, v. William M. THOMAS, Defendant and Appellant.

Supreme Court of Utah.

January 12, 1999.

Attorney(s) appearing for the Case

Jan Graham, Att'y Gen., Laura Dupaix, Ass't Att'y Gen., St. George, for plaintiff.

Kenneth L. Combs, St. George, for defendant.

HOWE, Chief Justice:

¶ 1 Defendant William M. Thomas appeals from convictions for rape of a child, a first degree felony (Utah Code Ann. § 76-5-402.1) ("Count I") and aggravated sexual abuse of a child, a first degree felony (Utah Code Ann. § 76-5-404.1) ("Count II"). The three assignments of error he makes are (1) the trial court abused its discretion by finding a child victim "unavailable" to testify as a witness and admitting into evidence a videotaped...

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