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STATE v. QUINN

No. 960687-CA.

930 P.2d 267 (1996)

STATE of Utah, Plaintiff and Petitioner, v. Dominic QUINN, Defendant and Respondent.

Court of Appeals of Utah.

Order Denying Rehearing January 30, 1997.

Attorney(s) appearing for the Case

Scott L. Wyatt and Randon H. Draper, Logan, for Petitioner.

David M. Perry, Logan, for Respondent.

Before ORME, JACKSON and WILKINS, JJ.

OPINION

PER CURIAM:

The State seeks to appeal the magistrate's interlocutory order denying its request to enhance Quinn's present DUI charge to a third degree felony. However, the State's ability to take an appeal in a criminal case is limited. Unless otherwise allowed by statute, the State may appeal only from:

(a) a final judgment of dismissal; (b) an order arresting judgment; (c) an order terminating the prosecution because...

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