STATE v. SMITH

No. 20180101-CA.

442 P.3d 251 (2019)

2019 UT App 75

STATE of Utah, Appellee, v. Brett Thomas SMITH, Appellant.

Court of Appeals of Utah.

Filed May 2, 2019.


Attorney(s) appearing for the Case

Stephen R. Frazier , Provo, and Douglas J. Thompson , Attorneys for Appellant.

Sean D. Reyes and Marian Decker , Salt Lake City, Attorneys for Appellee.

Judge Ryan M. Harris authored this Opinion, in which Judge Michele M. Christiansen Forster concurred. Judge Jill M. Pohlman dissented, with opinion.


Opinion

¶1 Brett Thomas Smith fell asleep in his car in a McDonald's parking lot in the wee hours of the morning, and refused to leave the premises even after he was asked to do so. Police soon arrived, and in the process of waking him up detected alcohol on his breath. Smith was later charged with driving under the...

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