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STATE v. BERNERT

No. 20030329-CA.

100 P.3d 221 (2004)

2004 UT App 321

STATE of Utah, Plaintiff and Appellee, v. Robert J. BERNERT, Defendant and Appellant.

Court of Appeals of Utah.

September 16, 2004.

Attorney(s) appearing for the Case

Randall W. Richards, Richards Caine & Allen, Ogden, for Appellant.

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

Before BENCH, Associate P.J., DAVIS, and GREENWOOD, JJ.

OPINION

DAVIS, Judge:

¶ 1 Robert J. Bernert (Defendant) appeals from his conditional plea of guilty to one count of driving under the influence of alcohol (DUI), a third degree felony. Defendant argues that the trial court erred in denying his motion for dismissal on double jeopardy grounds. We reverse.

BACKGROUND

¶ 2 Defendant was initially charged by Ogden City (the City) with a class B misdemeanor DUI. At Defendant's arraignment...

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