State v. Skinner, 457 P.3d 421

Escort V.M. met Skinner at his apartment after he requested a "dominant/submissive" experience; she was paid a show-up fee and tip.
Skinner produced a handgun when V.M. resisted some acts, forced nonconsensual oral and attempted anal sex, then wrestled over the gun; both were shot during the struggle.
Police found a Ruger revolver at Skinner’s apartment; the gun was later identified as stolen property belonging to a third party (Owner).
Forensic testing showed Skinner’s DNA and seminal fluid on V.M. and V.M.’s DNA/saliva on Skinner; extensive blood, tissue, and gunshot damage corroborated a violent encounter.
The State charged Skinner with four counts of aggravated sexual assault and one count of theft by receiving stolen property; a jury convicted on all counts (aggravated assault charge dismissed pretrial).
On appeal Skinner argued (1) V.M.’s testimony was inherently improbable under State v. Robbins and therefore should be disregarded before assessing sufficiency, and (2) insufficient evidence supported the theft conviction. The court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court should have disregarded V.M.’s testimony as inherently improbable under Robbins before evaluating sufficiency	State: trial record supported V.M.’s account; credibility is for the jury	Skinner: V.M.’s testimony was materially inconsistent, contradicted by forensic/blood-spatter evidence and thus inherently improbable	Not preserved as a Robbins motion; reviewed for plain error and denied—Robbins exception inapplicable because DNA, saliva, and injury evidence at least partially corroborated V.M.
Whether evidence supported conviction for theft by receiving stolen property	State: Owner’s testimony that the Ruger was his and reported stolen plus matching gun/case found in Skinner’s apartment supports conviction	Skinner: evidence insufficient; no proof Mother hadn’t given him permission to possess the gun	Preserved and reviewed for sufficiency; Owner’s testimony and the recovered gun/case provided some evidence from which a reasonable jury could find guilt—conviction affirmed

State v. Robbins, 210 P.3d 288 (Utah 2009) (court may disregard testimony as inherently improbable only in narrow circumstances: material inconsistencies plus no corroboration)
State v. Prater, 392 P.3d 398 (Utah 2017) (Robbins exception is narrow; corroborating evidence forecloses reassessing credibility)
State v. Doyle, 437 P.3d 1266 (Utah Ct. App. 2018) (Robbins claim must be preserved—general insufficiency motion not enough)
State v. Hirschi, 167 P.3d 503 (Utah Ct. App. 2007) (standard for appellate sufficiency review: view evidence in light most favorable to verdict)
State v. Crippen, 380 P.3d 18 (Utah Ct. App. 2016) (corroborating evidence of certain facts can defeat a Robbins inherent-improbability challenge)