STATE v. DRIGGS

1 CA-CR 9737.

155 Ariz. 74 (1986)

745 P.2d 132

STATE of Arizona, Appellant, v. Lyle Kent DRIGGS, Appellee.

Court of Appeals of Arizona, Division 1, Department C.

December 2, 1986.


Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa Co. Atty. by Timothy Lee Moulton, Deputy Co. Atty., Phoenix, for appellant.

Gregory R. Jordan, Phoenix, for appellee.


OPINION

JACOBSON, Judge.

The issue on this appeal is whether a conviction for driving under the influence of intoxicating liquors (DWI) may be utilized to enhance the punishment for a DWI charge occurring prior in time to the DWI conviction.

The state appeals from the trial court's order dismissing a charge of DWI, a felony, and driving with a blood-alcohol content greater than 0.10 percent, also a felony.

The facts are that on May 7, 1984...

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