State v. Snyder

OPINION

DAVIS, Presiding Judge:

Defendant Barry Snyder appeals his second jury conviction 1 of two counts of lewdness involving a child, a Class A misdemean- or, in violation of Utah Code Ann. § 76-9-702.5 (1991) (amended 1994, 1996). We reverse.

BACKGROUND

“On appeal, we recite the facts in the light most favorable to the jury’s verdict.” State v. Burk, 839 P.2d 880, 882 (Utah App.1992), cert, denied, 853 P.2d 897 (Utah 1993).

On March 17, 1992, two girls, ages seven and nine, were walking home from school at approximately 3:00 p.m. The girls claim that as they were passing defendant’s house,…