State v. Lovato

DURHAM, Justice:

The defendant, Joseph Lovato, appeals from a conviction and a judgment of aggravated sexual assault, a first degree felony, in violation of U.C.A., 1953, § 76-5-405 (1978). We affirm.

The defendant was among several people who dropped by the apartment of the complainant in the early hours of January 17, 1982. The group left the apartment after a couple of hours of talking and listening to music. About ten minutes later, the defendant returned to the apartment and asked the complainant if he could use her phone to call for a ride. The complainant let the defendant in, and the…