State v. Sommerville
2013 UT App 40
| Utah Ct. App. | 2013Background
- December 2006: Sommerville arrested for DUI after hit-and-run; cited for following too closely and other misdemeanors.
- December 2006–February 2007: Justice Court dismissed remaining misdemeanor offenses, including the misdemeanor DUI, after Murray City’s motion.
- April 2007: Salt Lake County charged Sommerville in district court with felony DUI arising from the same incident; information also charged remaining misdemeanors.
- Sommerville moved to dismiss, arguing double jeopardy and res judicata; district court dismissed misdemeanors but not felony DUI.
- City later voluntarily dismissed the justice court misdemeanor DUI; Sommerville then faced district court proceeding for felony DUI, which proceeded to disposition without a prior conviction of the DUI in justice court.
- This appeal challenges whether the felony DUI prosecution is barred by the Single Criminal Episode Statute, double jeopardy, or res judicata.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Single Criminal Episode Statute bars the felony DUI prosecution | Sommerville; the former justice court dismissal and citation-based disposition trigger a bar under §76‑1‑403(1) | State; dispositions on citations do not constitute former prosecutions triggering the Statute | Not barred by the Single Criminal Episode Statute |
| Whether double jeopardy bars the district court felony DUI prosecution | Sommerville asserts pretrial dismissal by the justice court creates jeopardy | Jeopardy attaches only at trial; pretrial dismissals do not trigger double jeopardy protection | Not barred by double jeopardy; jeopardy had not attached prior to trial |
| Whether res judicata (collateral estoppel) bars subsequent prosecution | Dismissal of misdemeanor DUI in justice court precludes later felony DUI | Dismissal was not final on merits; no final judgment or full litigation of issues | Not barred by res judicata; dismissal was not a final merits judgment for purposes of preclusion |
| Whether the citation-based disposition constitutes a ‘prosecution’ under the Statute | Citation disposition may count as a former prosecution | A citation disposition is not a formal prosecution initiated by an information | Dispositions on citations do not constitute prosecutions; did not trigger bar under the Statute |
Key Cases Cited
- State v. Cahoon (Cahoon II), 203 P.3d 957 (Utah 2009) (jeopardy does not attach at pretrial; collateral estoppel applies to preclude later prosecutions)
- State v. Cahoon (Cahoon I), 167 P.3d 533 (Utah Ct. App. 2007) (jeopardy and issues related to pretrial dispositions examined)
- State v. Byrns, 911 P.2d 984 (Utah Ct. App. 1995) (jeopardy and collateral estoppel principles in pretrial dismissals)