State v. Ceron

2011 UT App 187, 257 P.3d 508, 684 Utah Adv. Rep. 46, 2011 Utah App. LEXIS 185, 2011 WL 2323727

Opinion

MEMORANDUM DECISION

MeHUGH, Associate Presiding Judge:

T1 The State appeals from the magistrate's pretrial order dismissing with prejudice the refiled information charging defendant Luis Ceron with one count of attempted murder with injury, see Utah Code Ann. § 76-5-203(2) (2008), and one count of aggravated kidnapping, see id. § 76-5-302. 1 The State argues that the magistrate erred when it dismissed Ceron's case with prejudice based on its conclusion that the prosecutor violated the standards articulated in State v. Brickey, 714 P.2d 644 (Utah 1986).

12 For the reasons stated in State v. Pacheco-Ortega, 2011 UT App 186, 257 P.3d 498, we reverse.

T3 WE CONCUR: STEPHEN L. ROTH and MICHELE M. CHRISTIANSEN, Judges.

1 . See State v. Pacheco-Ortega, 2011 UT App 186, ¶¶2-7, 257 P.3d 498, the case of Ceron's code-fendant that was briefed concurrently with this case, for a detailed recitation of the facts relevant to this appeal.