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STATE v. BRICKEY

No. 20107.

714 P.2d 644 (1986)

The STATE of Utah, Plaintiff and Respondent, v. Keith BRICKEY, Defendant and Appellant.

Supreme Court of Utah.

January 24, 1986.

Attorney(s) appearing for the Case

Jerome H. Mooney, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., J. Stephen Mikita, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

ZIMMERMAN, Justice:

Defendant Keith Brickey appeals from an interlocutory order of the Fourth District Court refusing to quash the circuit court's order binding him over for trial on a charge of forcible sexual assault. Brickey asserts that his due process rights were violated when the State was allowed to refile a criminal charge identical to one that had been dismissed for insufficient evidence at an earlier preliminary hearing. We agree that the due process clause...

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