State v. Fowers, 309 P.3d 1156

On January 18, 2011, 14-year-old T.H. was walking on Main Street in Salt Lake City when Roger Fowers approached in his car and twice offered her a ride; she refused both times.
Fowers pulled forward, blocked the sidewalk by stopping in a driveway entrance, exited his car, grabbed T.H.’s forearm tightly, and told her, "I can give you a ride, just get in." T.H. kicked him and escaped.
Police arrested Fowers shortly afterward; he denied exiting his car but admitted asking a young woman walking along Main Street if she needed a ride and that he had been looking for prostitutes in the area.
The State charged Fowers with kidnapping (detaining or restraining a 14–18 year old without parental consent). The jury acquitted on kidnapping but convicted Fowers of the lesser included offense of attempted kidnapping.
Fowers moved for dismissal at the close of the State’s case for insufficiency of evidence; the district court denied the motion and the conviction was affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to support attempted kidnapping conviction	Evidence (T.H.’s testimony and officer’s testimony corroborating Fowers’s admissions) showed substantial step and intent to detain a minor	T.H.’s testimony had inconsistencies (no witnesses, clothing description, marks, location) undermining reliability and sufficiency	Affirmed: evidence sufficient when viewed in light most favorable to verdict; credibility issues for jury
Whether district court erred denying motion to dismiss at end of State’s case	State: dismissal not warranted because evidence allowed reasonable inference of attempt	Fowers: dismissal required due to inconclusive or inherently improbable evidence	Denial correct; legal standard reviewed de novo and met by State’s evidence

State v. Brown, 948 P.2d 337 (Utah 1997) (standard for reviewing facts in light most favorable to verdict)
State v. Hamilton, 70 P.3d 111 (Utah 2003) (review of denial of motion to dismiss is a question of law reviewed for correctness)
State v. Kruger, 6 P.3d 1116 (Utah 2000) (view evidence and reasonable inferences in light most favorable to verdict)
State v. Dunn, 850 P.2d 1201 (Utah 1993) (reversal only when evidence is so inconclusive or improbable that reasonable minds would harbor reasonable doubt)
State v. Romero, 554 P.2d 216 (Utah 1976) (credibility determinations are for the jury)
State v. Goddard, 871 P.2d 540 (Utah 1994) (conflicting evidence and witness credibility are jury functions)
State v. Rivera, 954 P.2d 225 (Utah Ct. App. 1998) (minor inconsistencies do not render identification or testimony unreliable)