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STATE v. VAN DYKE

No. 20080613-CA.

223 P.3d 465 (2009)

2009 UT App 369

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

Court of Appeals of Utah.

December 10, 2009.

Attorney(s) appearing for the Case

Shelden R. Carter, Provo, for Appellant.

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

Before Judges ORME, DAVIS, and McHUGH.

OPINION

McHUGH, Judge:

¶ 1 Robert Van Dyke appeals his conviction for driving under the influence of alcohol (DUI), see Utah Code Ann. § 41-6a-502 (2005).1 Van Dyke asserts that the trial court erred in denying his motion to suppress evidence, his motion to dismiss, and his motion to arrest judgment postconviction. Van Dyke also appeals the trial court's decision to permit the State to comment on his assertion...

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