State v. Romero

In State v. Romero (Utah 1961) 12 Utah 2d 210, 364 P.2d 828, the defendant was initially charged with a misdemeanor following a drunk driving accident. ( Id. 364 P.2d at p. 829.) After the preliminary hearing the misdemeanor was dismissed and he was subsequently charged, tried, and convicted for "automobile homicide," a felony. (Ibid.) On appeal, the defendant urged "dismissal of the lesser misdemeanor barred any prosecution under the greater felony charge, which contention," the court summarily said, "we reject, interpreting the dismissal statute as meaning just the opposite . . . ." (Ibid.) Former Utah Code section 77-51-6 read: "An order for the dismissal of an action as provided in this chapter shall be a bar to any other prosecution for the same offense, if it is a misdemeanor; but shall not be a bar, if the offense is a felony." (See State v. Romero, supra, 364 P.2d at p. 829, fn. 4.)