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state v blowers 09

state v blowers 09 - 4 State v Blowers 717 P.2d 1321(1986...

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State v. Blowers 717 P.2d 1321 (1986) Supreme Court of Utah Zimmerman, J. Defendants David A. Blowers and James J. Schofield appeal their convictions of driving under the influence of alcohol. The convictions resulted from an accident that occurred when defendants were drunk and riding horses. The circuit court found that the Utah drunk driving law applied to persons riding horses and convicted both men of driving under the influence of alcohol under §41-6-44 of the Code. Defendants appealed to the district court, which upheld Schofield's conviction but reversed Blowers' conviction and ordered a new trial. Both Blowers and Schofield have appealed. We dismiss Blowers' appeal because this Court has no jurisdiction over the matter since no final judgment has been entered. Schofield and Blowers spent the afternoon of April 23, 1983, drinking beer. At about 7:30 p.m., they rode their horses down a Kaysville street toward a summer pasture. Schofield's sister rode on Blowers' horse behind Blowers. Conflicting evidence indicates either that two small boys frightened the horses or that Blowers and Schofield began racing. In any event, as the horses ran, Schofield's sister fell from Blowers' horse and suffered a severe concussion. Following a police investigation of the accident, Schofield was charged and convicted in circuit court of driving a vehicle while he was under the influence of alcohol in violation of section 41-6-44(1).
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