State v. Salazar

OPINION

THORNE, Judge:

¶ 1 Defendant Edward James Salazar appeals his conviction, upon a conditional guilty plea, for forcible sodomy, a first degree felony. See Utah Code Ann. § 76-5-403 (2003). Salazar argues that the trial court erred in denying his motion to dismiss because the facts of the case establish the victim’s consent as a matter of law. We affirm.

BACKGROUND

¶ 2 At approximately 4:00 a.m. on November 24, 2004, Salazar entered a bedroom in his cousin’s home where the victim and her boyfriend, Salazar’s cousin, were sleeping. Salazar positioned himself under the victim’s blanket and…