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BRIGHAM CITY v. DRAKE

No. 20036.

709 P.2d 369 (1985)

BRIGHAM CITY, Plaintiff and Appellant, v. Lyle DRAKE, Defendant and Respondent.

Supreme Court of Utah.

October 30, 1985.

Attorney(s) appearing for the Case

David L. Wilkinson, Atty. Gen., Stephen G. Schwendiman, Bruce M. Hale, Asst. Attys. Gen., Salt Lake City, Ben H. Hadfield, Brigham City, for plaintiff and appellant.

Jack H. Molgard, Karl G. Parry, Brigham City, for defendant and respondent.

MEMORANDUM OF DECISION

DURHAM, Justice:

Brigham City appeals from an order of the district court setting aside defendant's circuit court conviction for driving under the influence of alcohol. Because the basis for Brigham City's appeal is statutory rather than constitutional, we dismiss the appeal.

Defendant was arrested for driving under the influence and was given a breath test to measure his blood alcohol level. Defendant insisted that he be allowed...

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