STATE v. LARRIVA

No. 2 CA-CR 92-0847.

178 Ariz. 64 (1993)

870 P.2d 1160

The STATE of Arizona, Appellant, v. Lionel Francis LARRIVA, aka Frank Larriva, Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied April 5, 1994.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Attorney by Christina M. Cabanillas, Tucson, for appellant.

Jack L. Lansdale, Jr., Tucson, for appellee.


OPINION

HATHAWAY, Judge.

The state appeals from the trial court's order dismissing with prejudice a charge against appellee of driving under the influence of intoxicating liquor while his license was suspended. The basis for the trial court's ruling was its finding that appellee was not in "actual physical control" of the car. We reverse.

The testimony at the hearing on appellee's motion to dismiss was as follows. Early in the morning...

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