State v. Graham, 302 P.3d 1233

The State charged Graham with multiple counts including theft in the second degree and other fraud-related offenses.
A preliminary hearing led the magistrate to dismiss all charges due to insufficient evidence, and the State appealed the dismissal of the theft count.
Green Harvest Materials, Inc. was formed to salvage wood; Investor financed, and the two sons (Defendant and Investor’s Son) were co-owners with distinct roles.
Office Manager, Investor’s Son, and Defendant all had signatory authority on Green Harvest’s bank account and could authorize transfers; no formal debit-card policy existed.
In November 2005, Defendant used the Green Harvest debit card for personal travel in Mexico, charging $7,569.45, which he later sought to repay.
There was conflicting testimony about prior discussions on debit-card use; Office Manager testified there were conversations while Investor’s Son testified no formal discussions occurred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was probable cause to bind over theft	State	Graham	Probable cause shown; bindover proper

State v. Virgin, 137 P.3d 787 (Utah 2006) (probable cause standard with limited magistrate discretion)
State v. Ramirez, 289 P.3d 444 (Utah 2012) (two reasonable inferences; magistrate cannot weigh them at preliminary stage)
State v. Clark, 20 P.3d 300 (Utah 2001) (magistrate’s role at preliminary hearing; view evidence favorably to prosecution)
State v. Hester, 3 P.3d 725 (Utah App. 2000) (preliminary review of prosecutions and groundless cases)
In re I.R.C., 232 P.3d 1040 (Utah 2010) (mixed question of law and fact; apply bindover standard to underlying facts)