Hafen v. State
This text of 2011 UT App 85 (Hafen v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DECISION
T1 Jerry Hafen appeals the trial court's dismissal of his petition asserting that his rights were violated because he did not receive a timely preliminary hearing. This is before the court on its own motion for summary disposition. We affirm.
T2 Two separate criminal cases were filed against Hafen in September 2010. They were tracked together. Hafen's first scheduled preliminary hearing was set for September 29, 2010. The dockets for both criminal cases show that the hearing was continued pursuant to a stipulation. An October 13 hearing was set.
*1007 T3 Shortly after, Hafen filed his petition asserting that he was deprived of his preliminary hearing. Before the hearing on the petition, however, Hafen waived his right to preliminary hearings in both criminal cases at the October 18 hearing. Accordingly, at the time of the hearing on his petition regarding the right to a preliminary hearing, Hafen had waived that right. Thus, the trial court denied the petition.
T4 Because Hafen waived his right to a preliminary hearing in his criminal cases, the trial court did not err in denying his petition. The petition was inconsistent with and super-ceded by Hafen's subsequent waiver. Hafen was not deprived of any right to a preliminary hearing.
¶ 5 Affirmed.
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Cite This Page — Counsel Stack
2011 UT App 85, 249 P.3d 1006, 678 Utah Adv. Rep. 40, 2011 Utah App. LEXIS 75, 2011 WL 917066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hafen-v-state-utahctapp-2011.