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STATE v. RAJO

No. 20090786-CA.

245 P.3d 219 (2010)

2010 UT App 360

STATE of Utah, Plaintiff and Appellee, v. Kenneth RAJO, Defendant and Appellant.

Court of Appeals of Utah.

December 16, 2010.

Attorney(s) appearing for the Case

Shelden R. Carter , Provo, for Appellant.

Mark L. Shurtleff and Jeanne B. Inouye , Salt Lake City, for Appellee.

Before Judges McHUGH, ROTH, and CHRISTIANSEN.

MEMORANDUM DECISION

McHUGH, Associate Presiding Judge:

¶ 1 Kenneth Rajo appeals the trial court's denial of his motion to dismiss the classification of his charge of Driving Under the Influence (DUI) as a felony, arguing that two prior DUI convictions in California cannot be used to enhance his Utah DUI charge. We affirm.

¶ 2 On April 21, 2007, Rajo "drove a motor vehicle [in Utah] at a time when [his] blood/alcohol level exceeded 0.08...

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