Legal Opinion
State v. Palmer
Court of Appeals of Utah
Decided May 30, 2008No. 20060925-CAPublishedCited by 12 opinions
1Opinion of the Court
OPINION
McHUGH, Judge:
T1 Robert Palmer challenges his convietion under subsection (@2)(a) of Utah Code section 41-6-44, which makes it unlawful to operate a vehicle while under the influence of alcohol or any drug (DUI). See Utah Code Ann. § 41-6-44(2)(a) (Supp.2004)1 Subsection (6)(a) of the same section declares that DUI is a third degree felony if the defendant has two or more prior convictions within the past ten years. See id. § 41-6-44(6)(a). Palmer argues that subsection (6)(a) defines a separate crime, rather than a sentence enhancement, and that the trial court committed structural…
2Cases cited37 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Neder v. United StatesSupreme Court of the United States · 1999
- Duncan v. LouisianaSupreme Court of the United States · 1968
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3Cited by12 opinions
- v. PeopleSupreme Court of Colorado · 2020
- People v. SchreiberColorado Court of Appeals · 2009
- People v. GwinnColorado Court of Appeals · 2018
- State v. DuranCourt of Appeals of Utah · 2011
- State v. PalmerUtah Supreme Court · 2009
7 more not listed; retrieve them via the Exa API.