State v. Vogt

OPINION

RUSSON, Judge:

John Vogt appeals his conviction of attempted sexual abuse of a child, a third degree felony, in violation of Utah Code Ann. § 76-5-404.1 (1990). 1 We affirm.

I.FACTS

For purposes of this appeal, the parties rely upon the police report for the relevant facts. The police report contains the following statement:

[Vogt] “put his hands down the front of [the victim’s] pants, and was touching her vagina, and then put his hands to the back and was touching her buttocks ... he played with her for awhile [sic] but he did not insert anything into any orifice .... [H]e kissed her…