STATE v. VIRGIN

No. 20040715.

137 P.3d 787 (2006)

2006 UT 29

STATE of Utah, Plaintiff and Respondent, v. Cory VIRGIN, Defendant and Petitioner.

Supreme Court of Utah.

May 16, 2006.


Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Kris Leonard, Asst. Att'y Gen., Salt Lake City, Troy S. Rawlings, Farmington, for plaintiff.

Larry R. Keller, Salt Lake City, for defendant.


On Certiorari to the Utah Court of Appeals.

DURRANT, Justice:

INTRODUCTION

¶ 1 In this case, we review a magistrate's decision not to bind a defendant over for trial. The Defendant, Cory Virgin, was charged with aggravated sexual abuse of a child. After considering evidence at a preliminary hearing, the magistrate declined to bind Virgin over, concluding that the State had failed to establish the requisite probable cause that Virgin had committed...

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