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STATE v. SCHMIDT

No. 20130326.

356 P.3d 1204 (2015)

2015 UT 65

STATE of Utah, Appellant, v. Jacob James SCHMIDT, Appellee.

Supreme Court of Utah.

August 10, 2015.

Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Jeffrey S. Gray , Asst. Att'y Gen., Salt Lake City, for appellant.

Walter F. Bugden, Jr. , Tara L. Isaacson , Salt Lake City, for appellee.

Chief Justice DURRANT authored the opinion of the Court, in which Associate Chief Justice LEE, Justice DURHAM, Justice PARRISH, and Judge ROTH joined. Due to his retirement, Justice NEHRING did not participate herein; Court of Appeals Judge STEPHEN L. ROTH 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 We are asked to review a magistrate's decision, at the preliminary hearing stage, to dismiss charges of rape and child sexual abuse. Under Utah's liberal bindover standard, a magistrate must view the evidence in the light most favorable to the prosecution. This means that...

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