State v. Ortega

RAY M. HARDING, Sr., District Judge:

Defendant appeals his conviction of sexual abuse of a child, a second degree felony, in violation of Utah Code Ann. § 76-5-404.1 (Supp.1983 & 1987).1

I

On November 21, 1983, defendant was charged in a two-count information with sexual abuse of a child. The two counts differed only in the dates upon which the alleged incidents occurred: count I alleged that the proscribed touching occurred “on or about September, 1983,” while count II alleged that touching occurred “on or about October 1, 1983.”

At a December 21, 1983, preliminary hearing, the…