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STATE v. JOHNSTON

No. 971327-CA.

13 P.3d 175 (2000)

2000 Utah Ct. App. 290

STATE of Utah, Plaintiff and Appellee, v. James JOHNSTON, Defendant and Appellant.

Court of Appeals of Utah.

October 19, 2000.

Attorney(s) appearing for the Case

John E. Hummel, St. George, Blaine T. Hofeling, Cedar City, for Appellant.

Jan Graham, Atty. Gen., and Laura B. Dupaix, Assistant Atty. Gen., Salt Lake City, for Appellee.

Before GREENWOOD, P.J., DAVIS, and ORME, JJ.

OPINION

PER CURIAM:

¶ 1 This matter is before the court on James Johnston's motion to reconsider our denial of his motion for remand under Utah Rule of Appellate Procedure 23B. We believe the denial was well-taken, and it will stand, but as there seems to be widespread confusion about Rule 23B, we take this occasion to explain fully the reasons why the motion was denied.

BACKGROUND

¶ 2 Johnston was bound over on one count of sodomy...

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