State v. Hirschi

OPINION

ORME, Judge:

T1 Accepting his conviction of simple assault, see Utah Code Aun. § 76-5-102 (2008), Defendant Jeff Delease Hirschi appeals his conviction of forcible sexual abuse, see id. § 76-5-404, arguing that there was insufficient evidence to support his conviction. We conclude that the State's evidence was sufficiently inconclusive for a jury to find, beyond a reasonable doubt, that Hirschi touched the victim's buttocks. Accordingly, we remand for the trial court to set aside Hirsehi's conviction of forcible sexual abuse and to enter instead a conviction of sexual battery.

BACKGROUND

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