STATE v. BERNINI

No. 2 CA-SA 2009-0062.

218 P.3d 1064 (2009)

The STATE of Arizona, Petitioner, v. Hon. Deborah BERNINI, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Erica Lea Daughters-White; Sean Aaron Johnson; John Clifton Livingston; Hilda Alday; Joni Mari Lujan; Juan Carlos Rodriguez; Cristal Mikesell; James Freeman; Martin Lee Hulett, Jr.; Johnnie Willie Treadway; Arlene Kandis Toney; Romeo Alonso Rodriguez; Ricky Joseph Williams; Belinda Marie Sanchez; Jared Sherer; Steven Anthony Bonin; Ryan A. Brayfield; Kasey Lach; Daniel Oliveri; Terry Crumrine; Dennis Barreras, Jr.; Martin Sanders; Moraima Selig; Ernest Romero; Jorge Gonzalez; Raquel Coronado; Kelly Schreck; and Sean O'Shea, Real Parties in Interest.

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

October 27, 2009.


Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney by Jacob R. Lines, Tucson, Attorneys for Petitioner.

Nesci, St. Louis & West PLLC, by James Nesci and Joseph St. Louis, Tucson, Attorneys for Real Parties in Interest.


OPINION

ESPINOSA, Presiding Judge.

¶ 1 The State of Arizona has petitioned this court for special action relief from the respondent judge's order that it produce software for the Intoxilyzer 8000, the breath-testing equipment currently used by the Tucson Police Department, to real parties in interest, Erica Daughters-White and twenty-seven other defendants (Defendants) charged in these consolidated cases with driving with a blood alcohol concentration...

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