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STATE v. PIXTON

No. 20030146-CA.

98 P.3d 433 (2004)

2004 UT App 275

STATE of Utah, Plaintiff and Appellee, v. Neil Steven PIXTON, Defendant and Appellant.

Court of Appeals of Utah.

August 19, 2004.

Attorney(s) appearing for the Case

Joan C. Watt and L. Monte Sleight, Salt Lake City, for Appellant.

Mark L. Shurtleff, Atty. Gen., and Brett J. DelPorto, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before Judges JACKSON, ORME, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Neil Steven Pixton appeals from his conviction for felony drunk driving, in violation of Utah Code section 41-6-44(6) (Supp.2001). We reverse.

BACKGROUND

¶ 2 In January 2001, South Jordan Police officers arrested Pixton for driving under the influence of alcohol (DUI) in South Jordan, Utah. South Jordan authorities charged Pixton with misdemeanor DUI in the South Jordan Justice Court. On May 15, 2001...

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