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State v. Lehi6/26/2003
(For Official Publication)
Defendant appeals the trial court's denial of his motion to withdraw his guilty plea to the charge of Driving Under the Influence of Alcohol (DUI). We reverse.
BACKGROUND
Defendant was charged with DUI (with two prior convictions), a violation of Utah Code Ann. § 41-6-44 (Supp. 2000); Driving on Suspended or Revoked Operator's License, a violation of Utah Code Ann. § 53-3-227(3)(a) (1998); and Driving Without Registration, a violation of Utah Code Ann. § 41-1a-1303(1) (Supp. 1998). The information described the DUI offense, which is the only offense at issue in this appeal, as follows:
n or about 8-25-2000, the defendant did operate or was in actual physical control of a vehicle, and
(i) had sufficient alcohol in his body that a chemical test given within two hours of the alleged operation or physical control showed that the defendant had a blood or breath alcohol concentration of .08 grams or greater; or
(ii) was under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree which rendered the defendant incapable of safely operating a vehicle;
and the defendant has at least two or more prior convictions under Utah Code § 41-6-44 within six years of this violation.
At a preliminary hearing, two witnesses for the State--a convenience store manager who observed Defendant at the store for several minutes prior to his arrest and an investigating police officer--testified about Defendant's behavior at the time of the incident that led to his arrest. The store manager testified that Defendant's driving appeared to be very impaired while he was on the store property, he had great difficulty in maintaining his balance, his eyes were "glazed over," and "he was obviously way past anything reasonable." The police officer also testified to Defendant's lack of balance and added that Defendant's speech was "very slurred" and that he had a " trong odor of alcohol." The officer further stated that he asked Defendant to take a breathalyzer test, but Defendant refused.
Defendant entered into a plea agreement with the prosecutor, wherein Defendant agreed to plead guilty to the DUI charge. In exchange, the prosecutor agreed to recommend that the other two charges be dismissed and that Defendant be sentenced to ninety days in jail. Pursuant to this agreement, Defendant filed a plea affidavit with the trial court, which contained the following relevant provisions (handwritten portions are emphasized):
I have received a copy of the . . . Information against me. I have read it, or had it read to me, and I understand the nature and the elements of crime to which I am pleading guilty . . . .
The elements of the crime to which I am pleading guilty . . . are:
ACTUAL PHYSICAL CONTROL OF A VEHICLE W/ BAC OF .08 OR GREATER W/ 2 OR MORE PRIOR DUI'S W/I 6 YEARS.
I understand that by pleading guilty I will be admitting that I committed the crimes listed above. . . . I stipulate and agree ... that the following facts describe my conduct and the conduct of other persons for which I am criminally liable. These facts provide a basis for the court to accept my guilty . . . plea and prove the elements of the crime to which I am pleading guilty ... :
I WAS DRIVING MY CAR
I HAD BEEN DRINKING
I HAVE TWO PRIOR DUI'S W/I LAST 6 YEARS.
After Defendant filed his affidavit, the trial court conducted a plea colloquy with Defendant, which went, in part, as follows:
THE COURT: Mr. Lehi, did you read this [affidavit]? MR. L
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