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STATE v. TANNER

No. 20080853-CA.

221 P.3d 901 (2009)

2009 UT App 326

STATE of Utah, Plaintiff and Appellee, v. John Michael TANNER, Defendant and Appellant.

Court of Appeals of Utah.

November 13, 2009.

Attorney(s) appearing for the Case

Lori J. Seppi, Salt Lake City, for Appellant.

Mark L. Shurtleff, Atty. Gen., and Jeanne B. Inouye, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before Judges BENCH, THORNE, and McHUGH.

OPINION

BENCH, Judge:

¶ 1 Defendant John Michael Tanner appeals his jury conviction for one count of forcible sexual abuse, alleging that (1) as a matter of law, a school bus driver cannot be in a position of special trust under Utah Code section 76-5-404.1(4)(h) and (2) the State presented insufficient evidence to prove that, as a school bus driver, he occupied a position of special trust. We affirm.

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