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STATE v. WAREHAM

No. 20050412-CA.

143 P.3d 302 (2006)

2006 UT App 327

STATE of Utah, Plaintiff and Appellee, v. Gregory Shane WAREHAM, Defendant and Appellant.

Court of Appeals of Utah.

August 10, 2006.

Attorney(s) appearing for the Case

Autumn Fitzgerald, Fitzgerald & Fitzgerald, Moab, for Appellant.

Mark L. Shurtleff, Attorney General's Office, and Christopher D. Ballard, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges BENCH, BILLINGS, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Gregory Shane Wareham appeals his conviction on multiple criminal counts. We affirm each of Wareham's convictions, but reverse the enhancement of his driving under the influence (DUI) offense. See Utah Code Ann. §§ 41-6a-502, -503 (2005).

BACKGROUND

¶ 2 Wareham and Jennifer Malaska, the victim in this case, lived together in a domestic relationship from 1999 through 2003. The two continued...

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