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STATE v. GONZALES

No. 20040685-CA.

127 P.3d 1252 (2005)

STATE of Utah, Plaintiff and Appellant, v. Abigail Flores GONZALES, Defendant and Appellee.

Court of Appeals of Utah.

December 15, 2005.

Attorney(s) appearing for the Case

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

Margret Sidwell Taylor, Helper, for Appellee.

Before BILLINGS, P.J., DAVIS, and McHUGH, JJ.

OPINION

DAVIS, Judge:

¶ 1 The State appeals the trial court's order granting Abigail Flores Gonzales's (Defendant) motion to dismiss the charge of driving under the influence (DUI) with prior convictions, a third degree felony, in violation of Utah Code section 41-6-44. See Utah Code Ann. § 41-6-44(2), (6) (Supp.2002).1 We reverse and remand.

BACKGROUND

¶ 2 In September 2002, Defendant...

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