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STATE v. STUBBS

No. 20011035-CA.

84 P.3d 837 (2004)

2004 UT App 3

STATE of Utah, Plaintiff and Appellee, v. Parley Parker Pratt STUBBS, Defendant and Appellant.

Court of Appeals of Utah.

January 8, 2004.

Attorney(s) appearing for the Case

Edward K. Brass, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., and Kenneth A. Bronston, asst. atty. gen., Salt Lake City, for Appellee.

Before BILLINGS, P.J., BENCH, Associate P.J. and THORNE, Jr., J.

OPINION

BENCH, Associate Presiding Judge:

¶ 1 Defendant Stubbs appeals his conviction for rape, a first degree felony, in violation of Utah Code Annotated section 76-5-402 (1999). We reverse and remand.

BACKGROUND

¶ 2 Stubbs was charged with rape, a first degree felony, in violation of Utah Code Annotated section 76-5-402, and forcible sexual abuse, a second degree felony, in violation of Utah Code Annotated section 76-5-404 ...

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