that Watkins spanked the children when he came into the room. Child herself stated that Watkins had "spanked [her] butt," and both Stepmother and the investigating officer testified that Watkins had told them that he had "hitl ]" or "spanked" the kids. Watkins could have used this evidence to attempt to persuade the jury at trial of the motive he now advances-that he entered the room to quiet the children-but he chose not to. 123 Finally, the reason Watkins initially entered the room is not determinative of the question of whether he had the intent to arouse or gratify a sexual desire when he actually kissed Child and rubbed her buttocks, as that intent could have been formed after he entered the room and began touching Child. Cf. State v. Rudolph, 970 P.2d 1221, 1229 (Utah 1998) (<HOLDING>). For all of these reasons, there is virtually
holding that where the law is unsettled at the time of trial but settled by the time of appeal the plainness of the error should be judged by the law at the time of appeal holding that the intent to commit a felony theft or assault in the context of a burglary may be formed either at the time of unlawful entry or at any time thereafter while the defendant continues to remain there unlawfully holding that jurisdiction of the subject matter  in either a civil or criminal action may be raised at any stage of the proceedings even after a plea of guilty and for the first time in the appellate court holding the state must prove that at the time of the homicide the defendant was engaged in the commission of the felony holding that imposition occurs at time of entry of judgment