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STATE v. MATUS

No. 890413-CA.

789 P.2d 304 (1990)

STATE of Utah, Plaintiff and Respondent, v. Mark MATUS, Defendant and Appellant.

Court of Appeals of Utah.

March 20, 1990.

Attorney(s) appearing for the Case

Loni F. DeLand (argued), McRae & DeLand, Salt Lake City, for defendant and appellant.

Donald J. Eyre (argued), Juab County Atty., Nephi, for plaintiff and respondent.

Before Judges GREENWOOD, JACKSON, and ORME.

OPINION

JACKSON, Judge:

In June 1988, defendant Mark Matus was convicted in justice court of driving under the influence, a class B misdemeanor, in violation of Utah Code Ann. § 41-6-44(1) (1988). Matus appealed the justice court judgment to the circuit court and obtained a trial de novo there. See Utah R.Crim.P. 26(13)(a) (codified at Utah Code Ann. § 77-35-26(13)(a) (Supp. 1989), which has been repealed, effective July 1, 1990); Utah Code...

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