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STATE v. FISK

No. 971462-CA.

966 P.2d 860 (1998)

STATE of Utah, Plaintiff and Appellee, v. Michael James FISK III, Defendant and Appellant.

Court of Appeals of Utah.

October 8, 1998.

Attorney(s) appearing for the Case

Walter F. Bugden Jr. and Tara L. Isaacson, Bugden Collins & Morton, Salt Lake City, for Appellant.

Jan Graham, Atty. Gen., Thomas B. Brunker, and Craig L. Barlow, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before WILKINS, Associate P.J., and JACKSON and ORME, JJ.

OPINION

JACKSON, Judge:

Michael James Fisk III appeals from the magistrate's interlocutory order denying his motion to dismiss one count of child abuse. The State had previously filed charges against Fisk, but the magistrate dismissed those charges for insufficient evidence.

Fisk asserts that, because the magistrate dismissed the first charges against him, his due process rights would be violated if the State were allowed to refile charges against...

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