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State v. Lyman. Filed September 16, 1999

IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Raymond Rick Lyman, Defendant and Appellant. MEMORANDUM DECISION(1) (Not For Official Publication) Case No. 981539-CA FILED September 16, 1999

1999 UT App 263 ----Fifth District, Cedar City Department The Honorable J. Philip Eves Attorneys: Neil A. Kaplan and Anneli R. Smith, Salt Lake City, for Appellant Scott M. Burns, Cedar City, for Appellee ----Before Judges Greenwood, Bench, and Orme. PER CURIAM: Lyman appeals the trial court's order refusing to dismiss the lewdness charges against him. We affirm. Under the applicable lewdness statute: (1) A person is guilty of lewdness if the person under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, or an attempt to commit any of these offenses, performs an act of sexual intercourse or sodomy, exposes his or her genitals or private parts, masturbates, engages in trespassory voyeurism, or performs any other act of lewdness in a public place or under circumstances which the person should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years of age or older. Utah Code Ann.

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