State v. DANIEL BAGLEY ROGERS

WILKINS, Associate Chief Justice:

INTRODUCTION

¶ 1 Defendant Rogers appealed his conviction of theft by receiving stolen property. The court of appeals reversed in a 2-1 decision, concluding that the magistrate improperly continued the preliminary hearing in violation of State v. Brickey, which bars the refiling of charges dismissed at a preliminary hearing for insufficient evidence absent the State’s showing of “new or previously unavailable evidence” or other good cause. 714 P.2d 644, 647-48 (Utah 1986). Brickey has previously been applied only to cases of dismissal. We granted certiorari to…