American Fork v. Carr

OPINION

BENCH, Judge:

Defendant Kent Jesse Carr appeals his jury conviction of lewdness, a class B misdemeanor, in violation of Utah Code Ann. § 76-9-702 (Supp.1998). We reverse and remand for a new trial.

BACKGROUND

In August 1997, Joshua Waldron entered a public restroom at a shopping facility and saw defendant standing next to the restroom sinks. Waldron entered a bathroom stall and heard defendant enter the adjacent stall. After a moment, Waldron thought he saw defendant peeking over the stall at him. Defendant then left the stall and began peering at Waldron through the space between the…