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STATE v. POTTS

No. 20030702-CA.

100 P.3d 277 (2004)

2004 UT App 336

STATE of Utah, Plaintiff and Appellant, v. Duane POTTS, Defendant and Appellee.

Court of Appeals of Utah.

September 30, 2004.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Atty. Gen., Kirk M. Torgensen, Marian Decker, and Polly Samuels, Asst. Attys. Gen., Salt Lake City, for Appellant.

Ronald J. Yengich and Peter Goodall, Yengich, Rich & Xaiz, Salt Lake City, for Appellee.

Before BENCH, Associate P.J., ORME, and THORNE, JJ.

MEMORANDUM DECISION

BENCH, Associate Presiding Judge:

¶ 1 The State appeals an order quashing bindover and dismissing one count of communications fraud, a second degree felony. See Utah Code Ann. § 76-10-1801 (2003).

¶ 2 The State first contends that the court erroneously quashed the bindover as a sanction for the prosecutor's tardiness at the hearing on the motion to quash. We disagree...

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