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Benjamin Zack
Former Davis High School English teacher Brianne Altice stands before the judge on Jan. 3, 2014. On Tuesday, a judge denied a motion to dismiss charges against her and set a trial date for Sept. 15. She is accused of having a sexual relationship with a student.

BOUNTIFUL — A trial date was set Tuesday for a former Davis High School teacher accused of having a sexual relationship with a student after a judge denied her request to dismiss the charges Tuesday.

Brianne Land Altice, 34, was ordered to stand trial on three counts of rape and one count of forcible sodomy, first-degree felonies, following a hearing on the evidence against her in February. The former Davis High School teacher is accused of engaging in sexual intercourse with a student between March and June 2013, when the teenager was between 16 and 17 years old.

In April, attorney Ed Brass filed a motion to dismiss the charges, arguing that prosecutors failed to show that Altice held a position of special trust as the boy's teacher and that she used that position to "exercise undue influence."

"She never used her position as a teacher to gain some sort of advantage over him or exercise undue influence as the statute says," Brass told 2nd District Judge Thomas Kay Tuesday.

In the motion, Brass wrote that the teenager pursued Altice and didn't feel that the teacher had taken advantage of him. He also argued that the student was on drugs during the alleged incidents and had trouble with his memory.

But prosecutor Cristina Ortega said the state provided enough evidence to support the charges and demonstrate that Altice was in a position of trust.

The judge denied the motion to dismiss and set the case for a three-day trial starting Sept. 15. Another motion hearing has been scheduled for Aug. 7.

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