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STATE v. COBLE

No. 20080866-CA.

232 P.3d 538 (2010)

2010 UT App 98

STATE of Utah, Plaintiff and Appellant, v. Frank C. COBLE, Defendant and Appellee.

Court of Appeals of Utah.

April 22, 2010.

Attorney(s) appearing for the Case

Mark L. Shurtleff and Karen A. Klucznik, Salt Lake City, for Appellant.

Joseph Jardine and David L. Crowley, Salt Lake City, for Appellee.

Before Judges DAVIS, McHUGH, and THORNE.

OPINION

THORNE, Judge:

¶ 1 The State brings this interlocutory appeal from the district court's bindover order reducing the charge against defendant Frank C. Coble from distributing pornographic material, a third degree felony, see Utah Code Ann. § 76-10-1204 (Supp.2009), to lewdness, a misdemeanor, see id. § 76-9-702. The district court concluded that, under the circumstances, the felony pornography distribution charge was barred...

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