State v. Hernandez
Annotate this CaseVictor Hernandez was charged with four Class A misdemeanor offenses. Hernandez filed a request for a preliminary hearing. The district court denied Hernandez's request because it concluded that the right to a preliminary hearing under Utah Const. art. I, 13 did not apply to Class A misdemeanors. The Supreme Court reversed the decision of the district court, holding (1) article I section 13 grants the right to a preliminary hearing for indictable offenses, including Class A misdemeanors; and (2) because Hernandez was charged with Class A misdemeanors, the district court erred in not granting his request for a preliminary hearing. Remanded.
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