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STATE v. VALDEZ

No. 20010146-CA.

65 P.3d 1191 (2003)

2003 UT App 60

STATE of Utah, Plaintiff and Appellee, v. Jose R. VALDEZ, Defendant and Appellant.

Court of Appeals of Utah.

February 27, 2003.

Attorney(s) appearing for the Case

Eighth District, Vernal Department; The Honorable A. Lynn Payne.

Michael L. Humiston, Heber City, for Appellant.

Mark L. Shurtleff and Joanne C. Slotnik, Asst. Attys. Gen., Salt Lake City, for Appellee.

Before JACKSON, P.J., BILLINGS, Associate P.J., and BENCH, J.

MEMORANDUM DECISION

PER CURIAM:

¶ 1 Appellant Jose R. Valdez appeals his conviction of Driving Under the Influence of Alcohol, a class A misdemeanor.1

¶ 2 Valdez unsuccessfully moved to dismiss the case for lack of state court jurisdiction, claiming both that the alleged offense occurred in Indian country and that Valdez was Indian. The district court denied the motion based upon its conclusion that Valdez is...

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