State v. Jaeger

ON CERTIORARI TO THE UTAH COURT OF APPEALS

ORME, Court of Appeals Judge:

The State sought to appeal an order dismissing criminal charges against defendant following a preliminary hearing. The Utah Court of Appeals dismissed the appeal for lack of jurisdiction. We reverse and remand to the court of appeals for consideration of the appeal on its merits.

FACTS

The material facts are not in dispute. Donald L. Jaeger was charged by information with murder in the second degree, a first degree felony in violation of Utah Code Ann. § 76-5-203 (1990). A preliminary hearing was held before Judge Michael L.…