State v. Matus

OPINION

JACKSON, Judge:

In June 1988, defendant Mark Matus was convicted in justice court of driving under the influence, a class B misdemeanor, in violation of Utah Code Ann. § 41-6-44(1) (1988). Matus appealed the justice court judgment to the circuit court and obtained a trial de novo there. See Utah R.Crim.P. 26(13)(a) (codified at Utah Code Ann. § 77-35-26(13)(a) (Supp.1989), which has been repealed, effective July 1, 1990); Utah Code Ann. § 78-5-14 (1987) (repealed effective July 1, 1989; now codified at Utah Code Ann. § 78-5-120 (Supp.1989)). After a November 1988 bench trial in circuit…