State v. Gonzales

OPINION

DAVIS, Judge:

¶ 1 The State appeals the trial court’s order granting Abigail Flores Gonzales’s (Defendant) motion to dismiss the charge of driving under the influence (DUI) with prior convictions, a third degree felony, in violation of Utah Code section 41-6^14. See Utah Code Ann. § 41-6-44(2), (6) (Supp.2002). 1 We reverse and remand.

BACKGROUND

¶2 In September 2002, Defendant was charged with driving under the influence of alcohol with prior convictions, a third degree felony, pursuant to Utah Code section 41-6-44. See id. The charge was based on the current offense and Defendant’s two…