State v. Vargas-Garcia

The state appeals a trial court order 1 dismissing the charge of driving under the influence of intoxicants (DUII) against defendant based on the court’s conclusion that defendant had complied with the terms of a diversion agreement. According to the state, it is undisputed that defendant did not, in fact, comply with the terms of the agreement. We agree and reverse and remand.

The relevant facts are not in dispute. In June 2004, defendant pleaded guilty to a charge of DUII and entered into a diversion agreement. Under the terms of that agreement, he was to complete a one-year diversion…