State v. Akok

ORME, Judge:

¶ 1 Defendant David Deng Akok appeals his conviction for rape, a first degree felony. See Utah Code Ann. § 76-5-402 (LexisNexis 2012). We reverse his conviction and remand for a new trial.

BACKGROUND 1

¶ 2 In 2012, Defendant and his eodefen-dant, John Atem Jok, accompanied a friend to N.C.’s apartment. That evening, after their friend went to work, Defendant, the eodefendant, and N.C. left to purchase alcohol. The group returned to N.C.’s apartment, where, joined by N.C.’s roommate, they drank and listened to music.

¶ 3 N.C.’s roommate went to bed around 1:00 a.m. Sometime…