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STATE v. DAVIS

No. 20110204-CA.

311 P.3d 538 (2013)

2013 UT App 228

STATE of Utah, Plaintiff and Appellee, v. Eric Joseph DAVIS, Defendant and Appellant.

Court of Appeals of Utah.

September 19, 2013.

Attorney(s) appearing for the Case

Joan C. Watt , Michael R. Sikora , and Maren E. Larson , for Appellant.

John E. Swallow and Christopher D. Ballard , Salt Lake City, for Appellee.

Judge J. FREDERIC VOROS JR. authored this Opinion, in which Judge CAROLYN B. McHUGH concurred. Judge WILLIAM A. THORNE JR. concurred, with opinion.

VOROS, Judge:

¶ 1 Eric Joseph Davis appeals from his convictions for object rape and forcible sodomy. Utah Code Ann. §§ 76-5-402.2, -403(2) (LexisNexis 2012). He raises three grounds for reversing his convictions: (1) alleged prosecutorial misconduct in cross-examining Davis and in closing argument, (2) evidence concerning a post-offense order and protective measures, and (3) a supplemental jury instruction concerning the prosecutor's charging discretion...

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