State v. Bernert

OPINION

DAVIS, Judge:

¶ 1 Robert J. Bernert (Defendant) appeals from his conditional plea of guilty to one count of driving under the influence of alcohol (DUI), a third degree felony. Defendant argues that the trial court erred in denying his motion for dismissal on double jeopardy grounds. We reverse.

BACKGROUND

¶ 2 Defendant was initially charged by Ogden City (the City) with a class B misdemeanor DUI. At Defendant’s arraignment, he indicated that he intended to plead guilty. Judge W. Brent West conducted a plea colloquy pursuant to rule 11 of the Utah Rules of Criminal Procedure and…