State v. Coble

OPINION

THORNE, Judge:

¶ 1 The State brings this interlocutory appeal from the district court’s bindover order reducing the charge against defendant Frank C. Coble from distributing pornographic material, a third degree felony, see Utah Code Ann. § 76-10-1204 (Supp.2009), to lewdness, a misdemeanor, see id. § 76-9-702. The district court concluded that, under the circumstances, the felony pornography distribution charge was barred by the doctrine enunciated in State v. Shondel, 22 Utah 2d 343, 453 P.2d 146 (1969), limiting the prosecution of a defendant to the less serious of two crimes with…