State v. Rajo
245 P.3d 219
Utah Ct. App.2010Background
- Rajo was charged in Utah with DUI as a class B misdemeanor, later enhanced to a third-degree felony due to prior convictions.
- Rajo had California DUI convictions in 1999 and 2004 under Cal. Veh. Code § 23152(b).
- Utah enhanced the current DUI charge under Utah Code § 41-6a-503(2)(b) because of two or more prior convictions within ten years.
- Utah Code § 41-6a-501(2)(a)(viii) defines a 'conviction' to include out-of-state convictions that would violate the Utah DUI statute.
- Rajo moved to dismiss the felony enhancement; the trial court denied the motion; he pleaded guilty to felony DUI but reserved appeal on the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can California DUI convictions be used to enhance Utah DUI to a felony? | Rajo argues they do not meet Utah enhancement criteria. | State contends California convictions do meet Utah enhancement terms. | Yes; California convictions meet the enhancement criteria. |
Key Cases Cited
- State v. Wallace, 2005 UT App 434 (2005 UT App 434) (statutory interpretation reviewed for correctness; aff'd 2006 Utah Supreme Court)
- State v. Barnhart, 850 P.2d 473 (Utah Ct.App.1993) (definition of 'actual physical control' under Utah DUI)
- United States v. Thomas, 367 F.3d 194 (4th Cir.2004) (foreign conviction analysis in DUI enhancement context)