State v. Hernandez

AMENDED OPINION *

On Certification from the Utah Court of Appeals

Justice PARRISH,

opinion of the Court:

INTRODUCTION

T1 This case requires us to determine whether article I, section 13 of the Utah Constitution entitles a defendant charged with Class A misdemeanors to a preliminary hearing. The district court denied Victor Hernandez's request for a preliminary hearing because it concluded that the right to a preliminary hearing guaranteed under article I, section 18 does not apply to Class A misdemeanors. We hold that it does and accordingly reverse the decision of the district court.

BACKGROUND

T2…