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STATE v. SHIPP

No. 20020887-CA.

86 P.3d 763 (2004)

2004 UT App 40

STATE of Utah, Plaintiff and Appellee, v. Matthew Stephen SHIPP, Defendant and Appellant.

Court of Appeals of Utah.

February 20, 2004.

Attorney(s) appearing for the Case

Tara L. Isaacson and Walter F. Bugden, Bugden & Isaacson LLC, Salt Lake City, for Appellant.

Mark L. Shurtleff, Attorney General, Karen A. Klucznik, and Matthew D. Bates, Assistant Attorneys General, Salt Lake City, for Appellee.

Before Judges GREENWOOD, JACKSON, and ORME.

OPINION

JACKSON, Judge:

¶ 1 Appellant Matthew Stephen Shipp appeals a conviction for six counts of aggravated sexual assault, first-degree felonies, in violation of Utah Code Annotated section 76-5-405 (1999). We reverse and remand for a new trial.

BACKGROUND

¶ 2 On August 1 and 2, 2002, Shipp was tried before a jury on six counts of aggravated sexual assault. Immediately before the jury returned a verdict of guilty, the prosecutor...

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