State v. Bryan

The opinion of the court was delivered by

Lockett, J.:

Randy Bryan appeals his conviction for lewd and lascivious behavior. The Court of Appeals affirmed his conviction. This court granted Bryan’s petition for review.

FACTS

The facts are summarized from the Court of Appeals opinion:

“H.B. is the eldest daughter of defendant Bryan and was 13 years of age on the date of the offense charged. Her mother (Bryan’s wife) awoke in the early morning hours and heard H.B. coughing and crying; upon entering her daughter’s room, she found Biyan lying naked upon H.B’s bed, on top of the covers, facing H.B. with…