State v. Pledger

ZIMMERMAN, Chief Justice:

We granted Jerry L. Pledger’s interlocutory appeal from a district court order denying his motion to quash a magistrate’s bind-over order. After a preliminary hearing, a magistrate bound Pledger over for trial on two first degree felony counts of forcible sodomy. 1 Pledger contends that the district court erred in not quashing the bind over for the following reasons:(i) it was based on hearsay which is inadmissible under rule 7(h) of the Utah Rules of Criminal Procedure; and (ii) even if hearsay is admissible at preliminary hearings under the rules of criminal…