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STATE v. BARNHART

No. 920357-CA.

850 P.2d 473 (1993)

STATE of Utah, Plaintiff and Appellee, v. Kelly S. BARNHART, Defendant and Appellant.

Court of Appeals of Utah.

March 31, 1993.

Attorney(s) appearing for the Case

Phillip L. Foremaster (argued), St. George, for defendant and appellant.

Eric A. Ludlow, Washington County Atty., and Wade A. Farraway (argued), Deputy Washington County Atty., St. George, for plaintiff and appellee.

Before BENCH, GARFF and JACKSON, JJ.

OPINION

BENCH, Judge:

Defendant, Kelly Barnhart, appeals his conviction for being in actual physical control of a motor vehicle while under the influence of alcohol in violation of Utah Code Ann. § 41-6-44(1) (1988). We affirm.

BACKGROUND

The parties do not dispute the basic facts. Defendant stipulated that the police report was accurate insofar as it concerned the period of time when the police were involved. The parties also stipulated...

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