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FUENNING v. SUPER. CT. IN AND FOR CTY. OF MARICOPA

No. 17049-SA.

139 Ariz. 590 (1983)

680 P.2d 121

Kelly Richard FUENNING, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, and the Honorable Elizabeth A. Stover, a Judge thereof; and Tempe Municipal Court, City of Tempe, State of Arizona, and the Honorable Stephen Mirretti, Jr., a Judge thereof; Respondents.

Supreme Court of Arizona, En Banc.

Reconsideration Denied February 27, 1984.

Attorney(s) appearing for the Case

John H. Ryley, Phoenix, for petitioner.

FELDMAN, Justice.

Petitioner, the defendant below (defendant), brings this special action to contest his conviction under A.R.S. § 28-692(B) for driving "while there is 0.10 per cent or more by weight of alcohol in the ... blood." Defendant argued that we should accept jurisdiction because he has no remedy by appeal from the superior court for most of the issues argued below (see A.R.S. § 22-371 and Baca v. Don, 130 Ariz. 222

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