Nos. 15957-SA, 15991 and 5555.

133 Ariz. 7 (1982)

648 P.2d 122

Kenneth R. McNUTT, Petitioner, v. The SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF MARICOPA, and The Honorable Gerald Strick, Judge thereof, and the State of Arizona, ex rel., Andy Baumert, Phoenix City Attorney, real party in interest, and The Hon. Ralph Smith, Judge of the City Court of Phoenix, Respondents. Kenneth R. McNUTT, Plaintiff Appellee, v. STATE of Arizona, ex rel., Andy BAUMERT, Phoenix City Attorney, Defendant Appellant. STATE of Arizona, Appellee, v. Kenneth R. McNUTT, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied July 8, 1982.

As Amended July 9, 1982.

Attorney(s) appearing for the Case

Minne & Sorenson by Roger J. Blake, Phoenix, for McNutt.

Andy Baumert, Phoenix City Atty., Marvin A. Sondag, Asst. City Prosecutor, George H. Bonsall, Asst. City Prosecutor, Phoenix, for respondents in No. 15957-SA for defendant appellant in No. 15991 and for appellee in No. 5555.

GORDON, Vice Chief Justice:

We have consolidated these three cases because they involve similar issues and the same parties. No. 15991 is an appeal from a superior court special action order granting Kenneth R. McNutt [hereinafter petitioner] a dismissal of a driving while intoxicated [DWI] charge under A.R.S. § 28-692. No. 15957-SA is a special action taken from the superior court's affirmance of petitioner's revoked...

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