05/31/95 State Utah V. Jerry L. Pledger

We granted Jerry L. Pledger's interlocutory appeal from a district court order denying his motion to quash a magistrate's bind-over order. After a preliminary hearing, a magistrate bound Pledger over for trial on two first degree felony counts of forcible sodomy. *fn1 Pledger contends that the district court erred in not quashing the bind over for the following reasons: (i) it was based on hearsay which is inadmissible under rule 7(h) of the Utah Rules of Criminal Procedure; and (ii) even if hearsay is admissible at preliminary hearings under the rules of criminal procedure, its admission violated Pledger's Utah constitutional right to confront a material witness against him at a critical stage of the prosecution. We affirm.