ZIMMERMAN, Justice:
¶ 1 This case comes to us on a writ of certiorari to the Utah Court of Appeals. The defendant, Michael Charles Layman ("Michael"), was convicted after a bench trial of: (i) driving under the influence of alcohol or drugs, a class B misdemeanor, in violation of Utah Code Ann. § 41-6-44 (1998); (ii) possession of a controlled substance with intent
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