State v. Dykes

OPINION

ROTH, Judge:

T1 Jeremy James Dykes filed a petition for interlocutory appeal seeking review of the denial of his motion to quash the information charging him with one count of theft by receiving stolen property, a third degree felony, see Utah Code Ann. § 76-6-408(1) (Supp. 2011) (defining theft by receiving); id. § 76-6-412(1)(b) (2008) (current version at id. (Supp. 2011)) (classifying the level of offense). 1 We granted his petition, and on appeal, Dykes contends that the district court was required to dismiss the charge in accordance with the rule stated in State v. Brickey, 714…