State v. Ramsey

ZIMMERMAN, Justice:

(Dissenting).

I dissent and join the opinion of the Chief Justice. As he points out, there is sufficient evidence, when the legitimate inferences are considered, to support a determination that Ramsey is guilty of causing the boy to take indecent liberties with the girl. I do not think Justice Stewart’s opinion accords the jury’s verdict the deference to which it is entitled under the applicable standard of review. See, e.g., State v. Booker, 709 P.2d 342, 345 (Utah 1985). Although I may not be entirely comfortable with the quality of the evidence, our role is merely to determine whether the evidence, when viewed in a light most favorable to the jury’s verdict, is legally sufficient. Cf. State v. Webb, 779 P.2d 1108, 1114 & n. 8 (Utah 1989) (Zimmerman, J., dissenting on question of sufficiency of evidence to support conviction).