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STATE v. PALMER

No. 20080558.

220 P.3d 1198 (2009)

2009 UT 55

STATE of Utah, Plaintiff and Respondent, v. Robert PALMER, Defendant and Petitioner.

Supreme Court of Utah.

Rehearing Denied November 23, 2009.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Ryan D. Tenney, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Aaron P. Dodd, Provo, for defendant.

DURRANT, Associate Chief Justice:

INTRODUCTION

¶ 1 Robert Palmer contends that the court of appeals erred in upholding his third-degree felony conviction under Utah's driving under the influence (DUI) recidivism enhancement statute.1 In Utah, the sentence for a DUI conviction escalates from a class B misdemeanor to a third-degree felony if the conviction is the third or greater conviction within ten years.

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