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STATE v. KOOYMAN

No. 20030255-CA.

112 P.3d 1252 (2005)

2005 UT App 222

STATE of Utah, Plaintiff and Appellee, v. Michael Anthony KOOYMAN, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied June 15, 2005.

Attorney(s) appearing for the Case

James C. Bradshaw, Brown Bradshaw Anderson & Moffat, Salt Lake City, and Andrew Parnes, Ketchum, Idaho, for Appellant.

Mark L. Shurtleff, Attorney General, and Laura B. Dupaix, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges DAVIS, JACKSON, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Michael Anthony Kooyman appeals from his conviction for Forcible Sexual Abuse, a second degree felony, in violation of Utah Code section 76-5-404 (1999).

BACKGROUND

¶ 2 Early in the morning of March 20, 2001, L.S., a forty-one-year-old single female, awoke with no memory of where she had been or what she had been doing the previous evening after about seven o'clock. Although she was feeling ill —...

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