State v. Payne

OPINION

ORME, Judge:

Douglas Robert Payne appeals his conviction for lewdness involving a child, a class A misdemeanor, in violation of Utah Code Ann. § 76-9-702.5 (1995). 1 His primary challenge concerns the trial court’s refusal to instruct the jury on lesser included offenses. Because the trial court’s only errors were harmless, we affirm.

FACTS

Payne appeals from a jury verdict. Accordingly, “we recite the facts in a light most favorable to the jury’s verdict, ‘but present conflicting evidence to the extent necessary to clarify the issues raised on appeal.’ ” State v. Vigil, 922 P.2d 15, 18…