State v. Penney

OPINION

OROZCO, Judge.

¶ 1 The State appeals the trial court’s order dismissing with prejudice two counts of aggravated driving under the influence of intoxicating liquor or drugs (DUI), both class four felonies, against Defendant, Michael Kevin Penney. The court found that after Penney told police he wanted to talk to a lawyer, police put him in a room with a telephone and a phonebook, but rejected his subsequent request for help after he discovered that the yellow pages containing attorneys’ names and phone numbers had been ripped from the phonebook. For the following reasons, we affirm the…