Fernandez v. Cook

HALL, Chief Justice:

The State appeals the grant of a petition for habeas corpus and the denial of the State’s motion for new trial. We reverse.

On May 9,1986, a jury convicted Anastacio Fernandez,' Jr., of two counts of rape of a child in violation of Utah Code Ann. § 76-5-402.1. At trial, the State’s primary witness was Fernandez’ daughter (“P.F.”), who stated that from the time she was eleven years old to the time she was thirteen years old, Fernandez had sexual intercourse with her “a lot.”1 She testified in detail of two specific incidents when her father had intercourse with her: one…