State v. Kinross

JACKSON, Judge:

Kevin Kinross appeals his jury conviction for aggravated sexual abuse of a child, a first degree felony, in violation of Utah Code Ann. § 76-5-404.1(3) (1995). Specifically, Kinross challenges the trial court’s admission into evidence of the victim’s out-of-court statement under the hearsay rule’s excited utterance exception. Having determined that “[t]he facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument,” Utah RApp.P. 29(a)(3), we affirm.

FACTS

On appeal, we view the facts in a…