State v. Hofeling

Summary

The Utah Court of Appeals affirmed Raymond Dale Hofeling’s convictions for two counts of sexual battery involving underaged employees he supervised. The court held that sufficient evidence supported the jury’s findings that Hofeling intentionally touched the victims and knew or should have known that his conduct would likely cause affront or alarm. The court declined to decide whether defense counsel’s reference to a neo-Nazi free-speech case during closing argument was deficient performance because Hofeling failed to establish prejudice.

Holdings

1. The evidence was sufficient for a reasonable jury to find beyond a reasonable doubt that Hofeling knew or should have known that touching Lindsay's and Megan's buttocks would likely cause affront or alarm. The district court therefore properly denied the motion for a directed verdict.
2. Hofeling failed to establish prejudice from counsel's reference to the Skokie case, so the ineffective-assistance claim failed. The court did not decide whether counsel's performance was deficient.

Questions Presented

1. Whether the evidence was sufficient to prove that Hofeling knew or should have known that his intentional touching of Lindsay's and Megan's buttocks would likely cause affront or alarm, as required for sexual battery under Utah Code section 76-9-702.1(1) (2019).
2. Whether defense counsel's reference during closing argument to the Skokie neo-Nazi case constituted ineffective assistance of counsel requiring reversal.

Disposition

affirmed