State v. Virgin

OPINION

BILLINGS, Presiding Judge:

¶ 1 The State of Utah appeals a magistrate’s dismissal of an information against Cory Virgin (Defendant) on one count of aggravated sexual abuse of a child, a first degree felony, in violation of Utah Code Annotated section 76-5^104.1 (1999). We reverse.

BACKGROUND

¶ 2 On Tuesday, March 6, 2000, Defendant and his girlfriend, Rebecca Stewart, babysat Stewart’s four-year-old niece, M., while M.’s parents were away for the evening. 1 At some point in the evening, Stewart, Defendant, and M. went downstairs to play with blocks and Barbie dolls. While playing…