STATE v. FRETHEIM

No. 20130344-CA.

335 P.3d 374 (2014)

2014 UT App 210

STATE of Utah, Plaintiff and Appellee, v. Donald FRETHEIM, Defendant and Appellant.

Court of Appeals of Utah.

September 5, 2014.


Attorney(s) appearing for the Case

Matthew D. Carling , for Appellant.

Sean D. Reyes and Daniel W. Boyer , for Appellee.

Judge STEPHEN L. ROTH authored this Memorandum Decision, in which Judge J. FREDERIC VOROS JR. concurred. Judge MICHELE M. CHRISTIANSEN concurred, except that as to part I, she concurred only in the result.


Memorandum Decision

ROTH, Judge:

¶ 1 Donald Fretheim was convicted of distribution of or arranging to distribute a controlled substance, a second degree felony. On appeal, Fretheim argues that the trial court erred in denying his motion to quash the magistrate's decision to bind the case over for trial because the trial court's decision relied solely on a police officer's allegedly unreliable hearsay testimony. He also challenges the trial court's decision...

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