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STATE v. MOWER

No. 20040491-CA.

124 P.3d 265 (2005)

2005 UT App 438

STATE of Utah, Plaintiff and Appellant, v. Wayne A. MOWER, Defendant and Appellee.

Court of Appeals of Utah.

October 14, 2005.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Attorney General, and Kris C. Leonard, Assistant Attorney General, Salt Lake City, for Appellant.

John T. Caine, Richards Caine & Allen, Ogden, for Appellee.

Before Judges BILLINGS, BENCH, and THORNE.

OPINION

THORNE, Judge:

¶ 1 The State appeals from the trial court's order granting defendant Wayne A. Mower's motion to dismiss the charge of issuing a bad check, a third degree felony, in violation of Utah Code section 76-6-505(2). See Utah Code Ann. § 76-6-505(2) (2003). We reverse.

FACTUAL BACKGROUND

¶ 2 Mower operates a small business providing individuals with short-term loans. Generally, borrowers secure these...

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