The Appellate Group

State v. Salakielu

State v. Salakielu, 2024 UT App 5 (Christiansen Forster, J.)

Criminal Bindover

Salakielu was charged with aggravated kidnapping and riot. The district court bound Salakielu over for trial as charged and Salakielu moved to quash the bindover on the aggravated kidnapping charge. The court denied Salakielu’s motion and Salakielu appealed. The Utah Court of Appeals reversed, holding:

  • The district court abused its discretion when it denied Salakielu’s motion to quash the bindover for aggravated kidnapping because the State did not put forth sufficient evidence to support the bindover.
  • Practice tipState v. Couch, 635 P.2d 89 (Utah 1981), is properly read as a case about the elements of kidnapping rather than merger.

Read the full court opinion