Utah Supreme Court
State of Utah, Plaintiff and Respondent v. Bryan Walker, Defendant and Appellant
August 25, 198764 Utah Adv. Rep. 10
Summary
The Utah Supreme Court reversed the defendant's aggravated-sexual-abuse convictions because the evidence did not establish beyond a reasonable doubt that the offenses occurred after his eighteenth birthday, as required for adult prosecution. The court held that the clearly erroneous standard governs review of factual findings in criminal bench trials and concluded that the trial court's finding regarding the timing and location of the abuse was unsupported by the record. Hall, C.J., dissenting, would have affirmed because the trial judge's finding was supported by testimony from the victims and their mother.