State v. Noor
283 P.3d 543
Utah Ct. App.2012Background
- Noor appeals his convictions for burglary, forcible sexual abuse, and lewdness in Utah Court of Appeals.
- Facts: On May 28, 2009, Noor entered J.E.'s apartment after a hallway confrontation about loud music and refused to leave.
- Noor disrobed and made sexually explicit advances toward J.E.; she called the police as he continued.
- Noor was arrested; at trial he was cross-examined about intoxication and limited English; defense presented no witnesses.
- Noor moved for a directed verdict on insufficiency of the evidence; district court denied; jury convicted on all counts.
- On appeal Noor challenges sufficiency of evidence for intent to commit lewdness/forcible sexual abuse and for unlawful entry with such intent; issue preservation is raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of sufficiency challenge | Noor contends insufficient evidence for intent to commit lewdness/forcible sexual abuse. | State did not provide a preservation for this sufficiency challenge; district court did not address those arguments. | Not preserved; convictions affirmed. |
Key Cases Cited
- State v. Hirschi, 167 P.3d 503 (Utah 2007) (standard for reviewing sufficiency of the evidence)
- Santonio v. State, 265 P.3d 822 (Utah 2011) (preservation requirements for appellate review)
- 438 Main St. v. Easy Heat, Inc., 99 P.3d 801 (Utah 2004) (preservation requirement—mere mention not preserved for appeal)