STATE v. SOMMERVILLE

No. 20081042-CA.

248 P.3d 50 (2010)

2010 UT App 336

STATE of Utah, Plaintiff and Appellee, v. Troy Munk SOMMERVILLE, Defendant and Appellant.

Court of Appeals of Utah.

November 26, 2010.


Attorney(s) appearing for the Case

Charles A. Schultz , Brigham City, for Appellant.

Mark L. Shurtleff and Christine F. Soltis , Salt Lake City, for Appellee.

Before Judges DAVIS, McHUGH, and ROTH.


OPINION

ROTH, Judge:

¶ 1 This is an interlocutory appeal from the district court's denial of Defendant Troy Munk Sommerville's motion to dismiss a felony charge for driving under the influence of alcohol. We conclude that the trial court incorrectly interpreted Utah Code sections 76-1-402 and -403, which bar multiple prosecutions of offenses that arise out of a single criminal episode. We therefore reverse.

BACKGROUND

¶ 2 In December...

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