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STATE EX REL. WEBB v. CITY COURT OF CITY OF TUCSON

No. 2 CA-CIV 1998.

25 Ariz. App. 214 (1975)

542 P.2d 407

STATE of Arizona ex rel. James D. WEBB, City Attorney for the City of Tucson, Petitioner, v. CITY COURT OF the CITY OF TUCSON, PIMA COUNTY, State of Arizona, Gilbert Veliz, Magistrate thereof, and Michael Wayne HAMM, the Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

November 18, 1975.

Attorney(s) appearing for the Case

James D. Webb, City Atty. by Oliver M. Transue, Asst. City Atty., Tucson, for petitioner.

Risner, Wolf & Raven by William J. Risner, Tucson, for respondents.

OPINION

HOWARD, Chief Judge.

Petitioner seeks special action relief from an order of the respondent court dismissing a pending prosecution of Mr. Hamm for driving while intoxicated.1 The pertinent facts are set forth in the court's order:

"Upon consideration of the fact and memorandums of law submitted in this case, the Court finds that the police officers by denying the...

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