State v. Lopez

HOWE, Justice:

Defendant Benny Lopez appeals from his conviction of two first degree felonies, aggravated sexual abuse of a child in violation of Utah Code Ann. § 76-5-404.1 (1990) and sodomy on a child in violation of Utah Code Ann. § 76-5-403.1 (1990).

At approximately 8:30 a.m. on Friday, December 8, 1989, the victim, a ten-year-old female student at Timpanogos Elementary School, was molested by a stranger as she walked through a tunnel beneath the street adjacent to the school. When the attacker left the tunnel, the victim ran to the school principal’s office and told the secretary that she…