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STATE v. GRAHAM

Nos. 20050046, 20050051.

143 P.3d 268 (2006)

2006 UT 43

STATE of Utah, Plaintiff, Appellant, and Cross-Appellee, v. Sean GRAHAM, Defendant, Appellee, and Cross-Appellant.

Supreme Court of Utah.

August 8, 2006.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Laura B. Dupaix, Asst. Att'y Gen., Salt Lake City, Scott Garrett, Cedar City, for plaintiff.

Douglas D. Terry, St. George, Duncan M. James, David M. Kindopp, Ukiah, CA, for defendant.

WILKINS, Associate Chief Justice:

¶ 1 Defendant Sean Graham is a seventeen-year-old who, together with another boy, beat his group home counselor twice over the head with a baseball bat and stuffed him in a locked closet. The State charged Graham with, among other crimes, aggravated murder and kidnapping, but the district court refused to bind Graham over on those two charges. The case is now before us on interlocutory appeal. We granted review of the following...

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