State v. Begishe

OPINION

ORME, Judge:

Kelly Begishe appeals Ms conviction for sexual abuse of a child, a second degree felony, in violation of Utah Code Ann. § 76-5-404.1 (1995). Appellant argues that the trial court erred in denying him a trial continuance or, in the alternative, in failing to exclude scientific evidence not properly disclosed by the prosecution. We agree and remand for a new trial.

FACTS

On Thursday, April 28,1994, eight-year-old A.B. spent the night at her aunt’s home, as she had done on several prior occasions. A.B. slept that rnght in a twin bed with her aunt’s three children, ages three,…