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STATE v. REDD

No. 970275-CA.

954 P.2d 230 (1998)

STATE of Utah, Plaintiff and Appellant, v. James REDD and Jeanne Redd, Defendants and Appellees.

Court of Appeals of Utah.

Rehearing Denied April 16, 1998.

Attorney(s) appearing for the Case

Jan Graham and Joanne C. Slotnik, Salt Lake City, and William L. Benge, Moab, for Plaintiff and Appellant.

William L. Schultz, Moab and Rod W. Snow, Denver, CO, for Defendants and Appellees.

Before DAVIS, P.J., and BILLINGS and JACKSON, JJ.

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(1)(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...

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