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STATE v. PALMER

No. 20060925-CA.

189 P.3d 69 (2008)

2008 UT App 206

STATE of Utah, Plaintiff and Appellee, v. Robert PALMER, Defendant and Appellant.

Court of Appeals of Utah.

May 30, 2008.

Attorney(s) appearing for the Case

Aaron P. Dodd, Provo, for Appellant.

Mark L. Shurtleff, atty. gen., and Ryan D. Tenney, asst. atty. gen., Salt Lake City, for Appellee.

Before THORNE, Associate P.J., McHUGH and ORME, JJ.

OPINION

McHUGH, Judge:

¶ 1 Robert Palmer challenges his conviction under subsection (2)(a) of Utah Code section 41-6-44, which makes it unlawful to operate a vehicle while under the influence of alcohol or any drug (DUI). See Utah Code Ann. § 41-6-44(2)(a) (Supp.2004).1 Subsection (6)(a) of the same section declares that DUI is a third degree felony if the defendant has two or more prior convictions within the...

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