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STATE v. ZAHN

No. 20060183-CA.

180 P.3d 186 (2008)

2008 UT App 56

STATE of Utah, Plaintiff and Appellee, v. Freddy ZAHN, Defendant and Appellant.

Court of Appeals of Utah.

February 28, 2008.

Attorney(s) appearing for the Case

Anthony Howell, Provo, for Appellant.

Mark L. Shurtleff, atty. gen., and Christopher D. Ballard, asst. atty. gen., Salt Lake City, for Appellee.

Before Judges BILLINGS, DAVIS, and ORME.

MEMORANDUM DECISION

ORME, Judge:

¶ 1 Defendant Freddy Zahn appeals from the trial court's interlocutory order denying his motion to quash bindover on the first degree felony rape charge against him. He argues that the State violated his due process rights and the rule of State v. Brickey, 714 P.2d 644 (Utah 1986), when, after it failed to present sufficient evidence to bind him over on a charge of unlawful sexual...

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