No. 2 CA-CR 2257.

130 Ariz. 541 (1981)

637 P.2d 751

The STATE of Arizona, Appellee, v. Thomas PEYATT, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 6, 1981.

Review Denied December 1, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Diane M. Ramsey and Barbara Jarrett, Asst. Attys. Gen., Phoenix, for appellee.

Frederic J. Dardis, Pima County Public Defender by Frank P. Leto, Tucson, for appellant.


HOWARD, Judge.

Although not raised by appellant in his motion for rehearing, we believe that we were incorrect in our analysis in the case of Baca v. Smith, 124 Ariz. 353, 604 P.2d 617 (1979). The following decision is substituted for our decision filed June 25, 1981.

Appellant was convicted by a jury of driving while intoxicated on a suspended license...

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