STATE v. MARSHALL

No. 20020829-CA.

81 P.3d 775 (2003)

2003 UT App 381

STATE of Utah, Plaintiff and Appellee, v. Jerry Lynn MARSHALL, Defendant and Appellant.

Court of Appeals of Utah.

November 14, 2003.


Attorney(s) appearing for the Case

Margret Sidwell Taylor, Helper, and W. Andrew McCullough, McCullough & Assoc., Midvale, for Appellant.

Mark L. Shurtleff, Atty. Gen., and Kris C. Leonard, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before JACKSON, P.J., BENCH and ORME, JJ.


OPINION

ORME, Judge:

¶ 1 Defendant was charged with felony DUI based on enhancement due to two prior DUI convictions. Defendant filed a motion to dismiss the felony DUI charge, arguing that the enhancement provision in the DUI statute was unconstitutional as applied to him because it violates the prohibition against ex post facto laws. The trial court denied his motion. Defendant appeals, and we affirm.

BACKGROUND

¶ 2 The parties...

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