Logan City v. Carlsen

OPINION

GARFF, Judge:

Defendant appeals a jury verdict finding him guilty of driving under the influence of alcohol, driving a vehicle without a Utah registration, and failing to wear a sfeat belt.

Although defendant raises a number of issues on appeal, we concern ourselves with the threshold issue of whether the trial court erred in denying defendant’s motion for a mistrial because of an unauthorized conversation between the bailiff and the jury during a recess.

Defendant stated that during a recess he overheard the bailiff discussing sentencing and jurisdiction with the jury. The bailiff was…