State v. Chugg

OPINION

BENCH, Judge:

The state appeals the trial court’s dismissal of its case against defendant. We dismiss the appeal.

In the early morning hours of June 5, 1987, Cache County Deputies Yonk and Anderson, while on routine patrol in Hy-rum, Utah, observed a car parked on the side of the road. They pulled up behind the vehicle, and Deputy Anderson approached the driver’s side of the vehicle. He found defendant Michael Chugg in the driver’s seat with the keys in the ignition. Detecting the odor of alcohol and noting defendant’s slow speech, Anderson asked defendant to exit the vehicle. Anderson…