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STATE v. KAY

No. 20120299.

349 P.3d 690 (2015)

2015 UT 43

STATE of Utah, Appellant, v. Rockie J. KAY, Appellee.

Supreme Court of Utah.

Rehearing Denied May 21, 2015.

Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., John J. Nielsen , Asst. Att'y Gen., Salt Lake City, for appellant.

Samuel A. Hood , Ogden, for appellee.

Justice PARRISH authored the opinion of the Court, in which Chief Justice DURRANT, Associate Chief Justice LEE, Justice DURHAM, and Judge ORME joined. Due to his retirement, Justice NEHRING did not participate herein; Court of Appeals Judge GREGORY K. ORME sat. Justice DENO G. HIMONAS became a member of the Court on February 13, 2015, after oral argument in this matter, and accordingly did not participate.

INTRODUCTION

¶ 1 The State appeals the district court's dismissal of two criminal cases filed beyond the statute of limitations. In two separate cases, the State charged Rockie Kay with multiple counts of communications fraud and one count of a pattern of unlawful activity, all second-degree...

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