State v. Sommerville

Opinion

ROTH, Judge:

[ 1 This case originated as an interlocutory appeal from the district court's denial of Defendant Troy Munk Sommerville's motion to dismiss a felony charge for driving under the influence (DUI). In State v. Sommerville, 2010 UT App 336, 248 P.3d 50, reh'g granted (Feb. 15, 2011), we reversed, concluding that Utah Code sections 76-1-401, -402 and -403 (the Single Criminal Episode Statute or the Statute), which bar multiple prosecutions of offenses that arise out of a single criminal episode, barred prosecution of the felony DUI offense in the district court. Id. 1. Following…