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STATE v. PEREZ-AVILA

No. 20040174-CA.

131 P.3d 864 (2006)

2006 UT App 71

STATE of Utah, Plaintiff and Appellee, v. Daniel PEREZ-AVILA, Defendant and Appellant.

Court of Appeals of Utah.

February 24, 2006.

Attorney(s) appearing for the Case

Aaron P. Dodd, Fillmore Spencer LLC, Provo, and Margaret P. Lindsay, Orem, for Appellant.

Mark L. Shurtleff, Attorney General, and Matthew D. Bates, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges GREENWOOD, BILLINGS, and ORME.

OPINION

ORME, Judge:

¶ 1 Defendant Daniel Perez-Avila appeals his convictions and sentences for driving under the influence of alcohol, having an open alcoholic beverage container in a vehicle, two counts of automobile homicide, and two counts of child abuse. We affirm in part and reverse in part.

BACKGROUND

¶ 2 In May of 2002, Defendant rolled his pickup truck on Interstate 15 near Leeds, Utah. Defendant, his pregnant wife, and...

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