STATE v. FERGUSON

No. 20090344-CA.

250 P.3d 89 (2011)

2011 UT App 77

STATE of Utah, Plaintiff and Appellee, v. Robert FERGUSON, Defendant and Appellant.

Court of Appeals of Utah.

March 17, 2011.


Attorney(s) appearing for the Case

Margaret P. Lindsay and Douglas J. Thompson , Provo, for Appellant.

Mark L. Shurtleff and Kris C. Leonard , Salt Lake City, for Appellee.

Before Judges McHUGH, THORNE, and CHRISTIANSEN.


OPINION

McHUGH, Associate Presiding Judge:

¶ 1 Robert Ferguson appeals his conviction for aggravated sexual abuse of a child, see Utah Code Ann. § 76-5-404.1 (2008), arguing that evidence of his prior instances of child sexual abuse should not have been admitted under rule 404(b) of the Utah Rules of Evidence. Although we conclude that the evidence was erroneously admitted, we affirm Ferguson's conviction because there is no reasonable likelihood...

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