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State v. Pixton8/19/2004
In January 2001, South Jordan Police officers arrested Pixton for driving under the influence of alcohol (DUI) in South Jordan, Utah. South Jordan authorities charged Pixton with misdemeanor DUI in the South Jordan Justice Court. On May 15, 2001, while the South Jordan charge was still pending, Pixton was again arrested for DUI, this time in Murray, Utah. Murray authorities also charged Pixton with misdemeanor DUI, and filed the charges in the Murray City Justice Court. On May 24, 2001, Pixton resolved the South Jordan charge, pleading guilty to alcohol related reckless driving (ARR). Upon learning of his plea, and being mindful of Pixton's previous 1998 DUI conviction, the Murray City prosecutor dismissed its misdemeanor DUI charge and referred Pixton's case to the County to allow it to pursue felony DUI charges pursuant to Utah Code section 41-6-44 (Supp.2001).
**3 On June 21, 2002, the Salt Lake County District Attorney's office (the DA) filed felony DUI charges against Pixton, relying upon Pixton's 1998 DUI conviction and his May 2001 ARR conviction to enhance the level of the offense from a misdemeanor to a felony. Pixton moved for a reduction in the charge, arguing, inter alia, that the plain language of section 41-6-44(6) did not support the felony DUI charge because he had not been twice convicted of DUI at the time of the instant offense. The trial court denied his motion, finding that Pixton had been twice convicted at the time the DA filed the felony charge in the district court. Pixton then agreed to plead guilty to felony DUI, while reserving his right to appeal the trial court's denial of his motion. He now appeals.
ISSUE AND STANDARD OF REVIEW
**4 Pixton argues that because the trial court erroneously interpreted Utah Code section 41-6-44(6) (Supp.2001), he was wrongfully convicted of felony drunk driving. "The correct interpretation of a statute is a question of law and is reviewed for correctness." *435 State v. Larsen, 865 P.2d 1355, 1357 (Utah 1993).
ANALYSIS
I. Preservation
**5 The State initially argues that Pixton failed to preserve his argument and that consequently we should refuse to address his claim. "As a general rule, claims not raised before the trial court [are not preserved and] may not be raised on appeal." State v. Holgate, 2000 UT 74, 11, 10 P.3d 346. [FN1] This "preservation rule," id., is satisfied if an appellant makes " 'a contemporaneous objection' " or offers " 'some form of specific preservation of claims of error' " on the trial court record. State v. Brown, 856 P.2d 358, 360 (Utah Ct.App.1993) (quoting State v. Tillman, 750 P.2d 546, 551 (Utah 1987)). Here, after being charged with felony DUI, Pixton filed a motion to reduce the charge that specifically referenced Utah Code section 41-6-44(6) (Supp.2001), and directed the trial court's attention to the statutory language upon which he based his motion. The court held a hearing and ultimately denied Pixton's motion. Pixton then agreed to plead guilty to the felony DUI charge, while reserving his right to appeal the trial court's ruling. Consequently, Pixton preserved this issue for appeal.
FN1. Although exceptions to the preservation rule exist, see State v. Holgate, 2000 UT 74, 11, 10 P.3d 346, we do not articulate them because
they are not material to the instant appeal.
II. Statutory Interpretation
**6 Pixton argued below, and argues on appeal, that his actions did not meet the minimum statutory requirements necessary to support a felony DUI conviction under the then-existing language of section 41-6-44 (2001). In denying Pixton's motion to reduce the charges, the trial court analyzed section 41-6-44(6) and concluded that "[b]ecause defendant had been twice previously convicted of DUI/ARR when this
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