State v. Mower

OPINION

THORNE, Judge:

¶ 1 The State appeals from the trial court’s order granting defendant Wayne A. Mower’s motion to dismiss the charge of issuing a bad check, a third degree felony, in violation of Utah Code section 76-6-505(2). See Utah Code Ann. § 76-6-505(2) (2003). We reverse.

FACTUAL BACKGROUND

¶ 2 Mower operates a small business providing individuals with short-term loans. Generally, borrowers secure these loans with the title to their vehicle, which Mower presumably retains until the loan is paid off.

¶ 3 On June 12, 2002, Mower agreed to loan Nick Kirkman $4900, to be secured by…