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STATE v. DENOS

No. 20110959-CA.

319 P.3d 699 (2013)

2013 UT App 192

STATE of Utah, Plaintiff and Appellee, v. Thomas Wayne DENOS, Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied December 5, 2013.

Attorney(s) appearing for the Case

Harold W. Stone III , Midvale, for Appellant.

John E. Swallow and Ryan D. Tenney , Salt Lake City, for Appellee.

Judge JAMES Z. DAVIS authored this Opinion, in which Judge MICHELE M. CHRISTIANSEN concurred. Judge GREGORY K. ORME concurred in part and dissented in part, with opinion.

Opinion

DAVIS, Judge:

¶ 1 Thomas Wayne Denos appeals his conviction of one count of rape, a first degree felony, see Utah Code Ann. § 76-5-402(1), (3) (LexisNexis 2012); one count of forcible sodomy, a first degree felony, see id. § 76-5-403(2), (4); and one count of forcible sexual abuse, a second degree felony, see id. § 76-5-404(1), (2)(a). We affirm.

BACKGROUND

¶ 2 On or about December 11...

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