State v. Saunders

On Certiorari to the Utah Court of Appeals

STEWART, Justice:

¶ 1 Kirk Scott Saunders was convicted of one count of sexual abuse of a child pursuant to Utah Code Ann. § 76-5-401.1 (1990). The Court of Appeals affirmed, State v. Saunders, 893 P.2d 584, 592-93 (Utah Ct.App.1995), and we issued a writ of certiorari to review that court’s decision. 910 P.2d 425 (Utah 1995). We now reverse and remand.

I. FACTS

¶ 2 Defendant married Deborah Smith in January 1980. They had three children, a girl (B.C.) and two sons. The couple separated in September 1990, and according to the children’s choices, Ms.…