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STATE v. CORNEJO

No. 20050060-CA.

138 P.3d 97 (2006)

2006 UT App 215

STATE of Utah, Plaintiff and Appellant, v. Oscar Ivan CORNEJO, Defendant and Appellee.

Court of Appeals of Utah.

May 25, 2006.

Attorney(s) appearing for the Case

Mark L. Shurtleff, atty. gen., and Christine F. Soltis, asst. atty. gen., Salt Lake City, for Appellant.

Chad B. McKay and Alyson Draper, Ogden, for Appellee.

Before BILLINGS, J., GREENWOOD, Associate P.J., and THORNE, Jr., J.

OPINION

BILLINGS, Judge:

¶ 1 The State of Utah appeals (1) the trial court's denial of the State's request for a continuance and (2) the trial court's decision to dismiss the information against Defendant Oscar Ivan Cornejo with prejudice. We reverse and remand for trial.

BACKGROUND

¶ 2 In February 2004, the State filed an information, charging Defendant with four offenses: driving under the influence (DUI) with priors, failure...

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