State v. Redd

OPINION

JACKSON, Judge:

The State appeals the dismissal at the preliminary hearing of the counts in two separate informations alleging that James and Jeanne Redd abused or desecrated dead human bodies, third degree felonies, in violation of Utah Code Ann. § 76-9-704(l)(b) (1995). The appeals were consolidated. We affirm.

FACTS

On January 6, 1996, a hiker witnessed several people digging in an area of San Juan County known to contain Anasazi ruins. He contacted the San Juan County Sheriffs office and told the office that he wished to speak to Officer Ben Naranjo “as soon as possible.” When Naranjo…