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FARMINGTON — Attorneys for Brianne Altice want one count against the former Davis High School teacher dismissed because she was no longer the teen's teacher when they allegedly had sex.

Altice, 35, is accused of having sexual relationships with three male students, ages 16 and 17 at the time, including while she was out on bail for earlier charges. Altice is a former English teacher at Davis High.

Attorneys filed a motion Monday in 2nd District Court asking that one count of rape be dismissed because Altice was no longer the 17-year-old boy's teacher and therefore held no position of trust over him when they allegedly had sex.

Now 18, the young man testified Jan. 15 that while Altice was his teacher during his junior year, their relationship was friendly but not sexual. The two allegedly began a sexual relationship the next year.

"He testified that during his senior year, Ms. Altice was not his teacher, that her status as a teacher had nothing to do with their relationship, and that he did not feel that her status as a teacher in any way influenced his decision to pursue such a relationship or affected him in any other area of his life," defense attorney Ed Brass wrote.

He testified that during his senior year, Ms. Altice was not his teacher, that her status as a teacher had nothing to do with their relationship, and that he did not feel that her status as a teacher in any way influenced his decision to pursue such a relationship or affected him in any other area of his life. –Defense Attorney Ed Brass

Altice was initially charged in December 2013 with three counts of rape and one count of forcible sodomy, all first-degree felonies. Additional charges — two counts of rape, a first-degree felony; one count of forcible sodomy, a first-degree felony, and three counts of three counts of forcible sexual abuse, a second-degree felony — were added after two additional victims were identified.

Brass has petitioned that Altice be tried separately for the initial four counts against her, arguing that the additional charges are not connected to charges filed later and would create prejudice against a fair trial.

A hearing on the motions is scheduled for Feb. 18.

Altice was charged in a separate case earlier this month with three counts of unlawful sexual activity with a minor and one count of dealing in harmful materials to a minor, all third-degree felonies. Altice allegedly sent sexually explicit text messages and had sex with the 17-year-old, one of the original three victims, between November 2013 and August 2014, after she had been charged and released on bail in the initial case.

Altice's bail was revoked Jan. 15 and she was sent back to Davis County Jail while she awaits trial on the charges.

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