State v. Ellifritz

OPINION

GREENWOOD, Judge:

Defendant, Duane Ellifritz, appeals from his conviction for aggravated sexual assault, a first degree felony, in violation of Utah Code Annotated section 76-5-405 (1990). We affirm.

FACTS 1

During the night and early morning of June 11-12, 1990, defendant, his stepdaughter, T.N., and her friend, J.K., consumed alcohol and played strip poker at the home of defendant and T.N. Both of the young women were fifteen years old. J.K. alleged that after the poker game, defendant caressed her breasts and made lewd advances toward her.

J.K. became ill from her consumption of alcohol…