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State v. Dunn4/1/2004
This is an appeal of a conviction of Driving Under the Influence of Alcohol, a class B misdemeanor, Utah Code Annotated Section 41-6-44 (1998). Appellant (Dunn) makes the same argument previously addressed by this court in State v. Hernandez, 2003 UT App 276, 76 P.3d 198, cert. denied, 78 P.3d 987 (Utah 2003). Dunn, represented by the same counsel who represented appellant in Hernandez, argues that this court's opinion in that case is wrong. We are not persuaded.
Dunn argues that this court failed to address, in Hernandez, the issue of whether the statutory language of the offense of DUI, Utah Code Annotated Section 41-6-44, merges into Reckless Driving, Utah Code Annotated Section 41-6-45(1)(b) (2000), when two additional traffic offenses, besides DUI, are alleged. This court did, however, address the statutory argument. As indicated by this court, we did not separately address the statutory issue because the other argument made by Hernandez also required analysis of the statutory language. See Hernandez 2003 UT App 276 at 5 n. 3.
Dunn has not demonstrated that this court's prior decision was in error in its determination of the same issues presented in this appeal. The conviction is affirmed.
Page 1 Utah DUI Attorneys
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