By Hilary Judd

Cody Loran Cook, 23, of Logan, continues awaiting his sentence involving two third-degree felony DUI charges, pending the court's review of Cook's two prior pleas in similar incidents.

First District Court Judge Gordon Low postponed sentencing on Cook's Feb. 3 citation Monday, following discussion and reference to the pleas and proceedings on two tapes--which the judge, the defense, and the prosecution had not viewed--from Cook's two previous cases involving alcohol-related charges.

"I know you'd like a ruling today," Low said after arguments from Cook's attorney, Jon Bunderson, as well as county prosecutor Bruce Ward. "But quite frankly, I'm not going to give you one."

Low said he wanted to view the tape and "spend some time on it," after agreeing with Bunderson's request for an expedited hearing due to Cook's continued incarceration.

"No case law applies to this specific case," Low said, and both sides agreed.

Cook has entered two Alcohol Related Reckless (ARR) plea agreements in the last five years. An ARR is less is than a DUI charge, but can be used against an individual later--known as an enhancement--if the same offense is committed. Because Cook has three instances in the five-year timeframe, his prior ARR charge is now enhanced to a third-degree felony charge, as is his current charge.

In accepting the felony charges, Bunderson argued to drop the theft, burglary and criminal mischief charges against Cook in this case. Ward and Low accepted the plea negotiation.

Adult Probation and Parole will be asked to prepare an updated pre-sentence investigation for the case, scheduled for April 14 at 3 p.m., to get "preliminarily started on Cody's sentencing," Low said.

NW
TJ

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