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STATE v. NILSON

No. 920278-CA.

854 P.2d 1029 (1993)

STATE of Utah, Plaintiff and Appellant, v. Demar W. NILSON, Defendant and Appellee.

Court of Appeals of Utah.

June 8, 1993.

Attorney(s) appearing for the Case

Jan Graham and Marian Decker, Salt Lake City, for plaintiff and appellant.

Jo Carol Nesset-Sale, Salt Lake City, for defendant and appellee.

Before GARFF, GREENWOOD, and ORME, JJ.

GREENWOOD, Judge:

The State of Utah appeals from the trial court's order quashing the information and terminating the prosecution of Demar Nilson because reprosecuting Nilson would violate his constitutional right to protection from double jeopardy. We affirm.

BACKGROUND

In October of 1991, the State charged Nilson with one count of forcible sexual abuse, in violation of Utah Code Ann. § 76-5-404 (1990), for allegedly fondling the genitals of...

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