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STATE v. TROYER

No. 910320.

866 P.2d 528 (1993)

STATE of Utah, Plaintiff and Appellant, v. Daniel R. TROYER, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied January 25, 1994.

Attorney(s) appearing for the Case

R. Paul Van Dam, Atty. Gen., Charlene Barlow, Asst. Atty. Gen., Salt Lake City, for plaintiff and appellant.

James A. Valdez, Joan C. Watt, Mark R. Moffat, Salt Lake City, for defendant and appellee.

HOWE, Associate Chief Justice:

This case is before us on rehearing of defendant's motion to dismiss the State's appeal from an order of the district court dismissing all criminal charges against defendant. The motion is based on defendant's contention that the State does not have a statutory right of appeal in this instance.

Defendant was charged with first degree murder, a capital crime. Following a preliminary hearing, he was bound over for trial in the...

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