State v. McGee

CALLISTER, Justice:

Defendant appeals from his conviction, upon a jury verdict, of the crime of grand larceny. He was sentenced to an indeterminate term in the Utah State Prison. .

Defendant asserts that the denial of his motion for a second preliminary hearing upon appointment of new counsel constituted a violation of his “due process rights.” Defendant contends that his trial counsel was at a serious disadvantage because he was not present to hear the evidence at the preliminary hearing, although defendant concedes that trial counsel did consult with the attorney who had represented him.

The…