State v. Barela

OPINION

BILLINGS, Judge:

Defendant Eddie Walter Barela appeals from his conviction of incest, a third degree felony, in violation of Utah Code Ann. § 76-7-102 (1989). Defendant contends the trial court violated his constitutional right of confrontation by admitting the victim’s preliminary hearing testimony at trial, even though the victim was physically present. We reverse and remand for further proceedings consistent with this opinion.

FACTS

Defendant was charged with incest for engaging in sexual intercourse with his twenty-one-year-old sister who suffered from severe cerebral palsy.

On January…