State of Utah v. Soto

IN THE UTAH COURT OF APPEALS

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State of Utah,

Plaintiff and Appellant,

v.

Mario A. Soto,

Defendant and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20020328-CA
 

F I L E D
(November 14, 2003)
 

2003 UT App 382

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Seventh District, Castle Dale Department

The Honorable Bruce K. Halliday

Attorneys: Mark L. Shurtleff and Kris C. Leonard, Salt Lake City, for Appellant

Margret Sidwell Taylor, Helper, and W. Andrew McCullough, Midvale, for Appellee

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Before Judges Jackson, Bench, and Orme.

ORME, Judge:

The State appeals the trial court's dismissal of a charge of driving under the influence (DUI), a third degree felony given enhancement for prior DUI convictions. See Utah Code Ann. § 41-6-44(2), (6)(a) (Supp. 2001). The State argues that the trial court improperly dismissed the charge based on its conclusion that the 2001 amendment to the DUI statute, as applied to Defendant's pre-amendment DUIs, violates the constitutional prohibition against ex post facto laws.

Because this case involves the same issue of statutory interpretation, similar procedural history, and the same legal counsel as in State v. Marshall, 2003 UT App 381, we granted the parties' stipulated motion to consolidate the two cases for purposes of oral argument. See Utah R. App. P. 3(b).

In Marshall, we held that the 2001 amendment to the DUI statute was not an ex post facto law. See 2003 UT App 381 at ¶18. In light of our holding in Marshall, the trial court's order dismissing Defendant's third degree felony DUI charge is reversed, and the case is remanded for such proceedings as may now be in order.

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Gregory K. Orme, Judge

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WE CONCUR:

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Norman H. Jackson,

Presiding Judge

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Russell W. Bench, Judge