STATE v. WATKINS

No. 20110458.

309 P.3d 209 (2013)

2013 UT 28

STATE of Utah, Plaintiff and Respondent, v. Anthony WATKINS, Defendant and Petitioner.

Supreme Court of Utah.

Rehearing Denied September 20, 2013.


Attorney(s) appearing for the Case

John Swallow , Att'y Gen., Jeanne B. Inouye , Asst. Att'y Gen., Salt Lake City, for respondent.

Michael K. Mohrman , Mitchell S. Maio , Jamie G. Pleune , Salt Lake City, for petitioner.


Justice PARRISH, opinion of the Court:

INTRODUCTION

¶ 1 Anthony Watkins was convicted of aggravated sexual abuse of a child, H.C. His conviction was based on the holding that he occupied a "position of special trust in relation to the victim" under Utah Code section 76-5-404.1(4)(h). Because Mr. Watkins was temporarily staying in the spare bedroom of H.C.'s father's house, the district court and the court of appeals both held that he was an "adult cohabitant...

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