Sindelar v. State
Annotate this CaseIn 2002, Defendant was cited in Utah for driving under the influence of alcohol. The offense was a third-degree felony under Utah law. In 2004, Defendant pleaded guilty to the offense. In 2013, Defendant was arrested in Nevada for suspicion of driving under the influence. The State subsequently charged Defendant with felony DUI because of her 2004 Utah felony conviction. The district court adjudicated the offense as a category B felony, determining that Defendant’s 2004 felony DUI conviction in Utah was a violation involving “the same or similar conduct” as Nevada’s felony DUI statute. The Supreme Court affirmed, holding (1) Utah’s DUI laws contain a longer recidivism window but punish the same or similar conduct as Nevada’s DUI laws, and therefore, the district court correctly adjudicated Defendant’s instant offense as a felony; and (2) Defendant’s prosecutorial misconduct claims were without merit.
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