State of Utah, v. Hill

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Jeremy Hill,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010248-CA

F I L E D
April 11, 2002 2002 UT App 102 -----

Sixth District, Manti Department
The Honorable K.L. McIff

Attorneys:
Shelden R. Carter, Provo, for Appellant
Mark L. Shurtleff and Christopher D. Ballard, Salt Lake City, for Appellee

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Before Judges Jackson, Orme, and Thorne.

ORME, Judge:

We have determined that "[t]he facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument." Utah R. App. P. 29(a)(3).

According to the Utah Supreme Court, "[t]he United States Supreme Court has held that the protections afforded criminal defendants by the Confrontation Clause do not extend to preliminary hearings." State v. Pledger, 896 P.2d 1226, 1228 n.4 (Utah 1995). Thus, Hill's Confrontation Clause claim, insofar as it is based on the federal constitution, fails.

The Confrontation Clause of the Utah Constitution does not preclude the use of "reliable hearsay evidence as defined by statute or rule" at preliminary hearings to determine probable cause. Utah Const. art. I, § 12 (amended 1995). See Utah R. Evid. 1101(c), 1102; Utah R. Crim. P. 7(h)(2); State v. Clark, 2001 UT 9,¶16 n.3, 20 P.3d 300. Detective Thomas's preliminary
hearing testimony, including reliable hearsay, was sufficient to warrant Hill's bindover on the crimes charged.

Affirmed.
 
 

______________________________
Gregory K. Orme, Judge -----

WE CONCUR:
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
William A. Thorne Jr., Judge