State v. Rogers

OPINION (For Official Publication)

ORME, Judge:

¶ 1 Appellant Daniel Rogers argues that the State presented insufficient evidence at his first preliminary hearing to bind him over on a count of receiving stolen property, see Utah Code Ann. § 76-6-408 (2003), charged as a second degree felony under Utah Code section 76-6-412. See id. § 76-6-412. He also contends that the trial court erred in validating the magistrate’s decision to continue the preliminary hearing to permit the State to put on additional evidence at a later date and instead should have quashed his bindover. We agree and reverse.

BA…