FARMINGTON -- A hearing for a man prosecutors said received an income tax refund that wasn't his was continued for a week so his attorney could show up.
Nicholas Farr, 24, charged with two counts of second-degree felony identity fraud and one count of third-degree felony tax evasion, appeared Monday in 2nd District Court. He is serving a sentence in Utah State Prison on an unrelated matter.
His attorney, David Drake, who was hired to defend Farr, did not appear in court.
Deputy Davis County Attorney Steve Major said Drake was in the hospital undergoing some tests for "irregular heart murmurs."
The hearing was to determine if the state would pay for Farr to receive copies of a preliminary hearing. Drake had told the judge he planned to file a motion asking the judge to require the state to pay for the transcript.
Another hearing is set for June 26.