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STATE v. VIRGIN

No. 20030276-CA.

96 P.3d 379 (2004)

2004 UT App 251

STATE of Utah, Plaintiff and Appellant, v. Cory Eugene VIRGIN, Defendant and Appellee.

Court of Appeals of Utah.

July 22, 2004.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Attorney General, and Kris C. Leonard, Assistant Attorney General, Salt Lake City, for Appellant.

Larry R. Keller and Christian Cannon, Cohne Rappaport & Segal, Salt Lake City, for Appellee.

Before Judges BILLINGS, GREENWOOD, and ORME.

OPINION

BILLINGS, Presiding Judge:

¶ 1 The State of Utah appeals a magistrate's dismissal of an information against Cory Virgin (Defendant) on one count of aggravated sexual abuse of a child, a first degree felony, in violation of Utah Code Annotated section 76-5-404.1 (1999). We reverse.

BACKGROUND

¶ 2 On Tuesday, March 6, 2000, Defendant and his girlfriend, Rebecca Stewart, babysat Stewart's four-year-old niece, M., while M...

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