State v. Clark

20 P.3d 300 (Utah 2001)

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Nature of the Case

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Facts

Michelle drove to Draper City Park with her son on the morning of September 28, 1998. Someone broke a window of her car and stole a book of checks from her purse, which she had left in the car. Upon discovering the theft, she quickly notified her bank that her checkbook had been stolen. D1 drove a car to the drive-up window of a First Security Bank office and attempted to cash one of the checks that had reported as stolen. D1 was told he would have to come inside the bank to cash the check. D1 entered the bank and presented the stolen check to Susan Paskett, a teller. Because D1 did not have an account at the bank, the teller told him that to cash the check he would have to be fingerprinted and provide some form of identification. D1 provided a Utah identification card and the fingerprint of his right index finger, both of which were recorded on the check. The teller then discovered that there was, in fact, a hold on the account. After telling D1 that she would be right back, the teller and her supervisor discovered the checks were stolen, and they called the police. After about five minutes, D1 came over and asked, 'What's the problem?' She told him they were trying to get approval for the check. D1 then exited the bank, leaving the check behind. D1 was later arrested and charged with forgery and attempted theft by deception. P presented evidence at the prelim hearing along with testimony that Michelle had never written a check to D1. D1 was bound over for trial. D1 filed a motion to quash the bindover, arguing that the evidence at the preliminary hearing did not show that he had the knowledge required to commit forgery. The district court agreed holding that P had failed to demonstrate 'probable cause.'

On July 1, 1998, Syd realized a book of her checks had been stolen from her workplace, and so informed Zions First National Bank. Later that day, D entered a Zions branch and attempted to cash one of the checks that had been reported stolen by Page. The teller asked Clark for identification and a fingerprint. D presented a Utah identification card and allowed Colledge to take his fingerprint. Colledge discovered that the check had been reported stolen. He told D that there was a problem with the account and he would have to 'take that up with the account holder. D then left the bank, taking with him his identification card, but not the check. Colledge followed him out of the bank, wrote down the license plate number of D's vehicle, and called the police. D was arrested and charged with forgery. The State presented this evidence at the preliminary hearing. Syd testified that she had never met D and had never written a check to him. The magistrate then bound D over for trial. D filed a motion to quash the bindover, arguing that the evidence at the preliminary hearing did not show that he had the intent and knowledge required to commit forgery. The district court agreed, concluding that the State had failed to demonstrate 'probable cause.' The court quashed the bindover and dismissed the forgery charge against D.