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State v. Cuch2/6/2003
MEMORANDUM DECISION
Not For Official Publication
Defendant Kelcey Williams Cuch appeals from a conviction of driving under the influence of drugs, a third degree felony, in violation of Utah Code Ann. § 41-6-44(2)(a)(ii), (6) (Supp. 2002). We affirm.
Defendant argues the evidence was insufficient to show that he was "under the influence of [marijuana] to a degree that render[ed him] incapable of safely operating a vehicle." Id. §41-6-44(2)(a)(ii). " s a general rule, a defendant must raise the sufficiency of the evidence by proper motion or objection [prior to the imposition of sentence] to preserve the issue for appeal." State v. Holgate, 2000 UT 74, , 10 P.3d 346; see also Utah R. Crim. P. 23 ("At any time prior to the imposition of sentence, the court . . . upon motion of a defendant shall, arrest judgment if the facts proved or admitted do not constitute a public offense . . . .").
As Defendant notes in his appellate brief, he was sentenced by a signed minute entry dated December 6, 2001. We conclude that Defendant failed to "raise the sufficiency of the evidence by proper motion" and thus failed "to preserve the issue for appeal." Holgate, 2000 UT 74 at .(2)
I CONCUR:
Pamela T. Greenwood, Judge
I CONCUR IN THE RESULT:
James Z. Davis, Judge
Page 1 Utah DUI Attorneys
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