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STATE v. JOHNSTON

No. 1 CA-CR 10070.

152 Ariz. 273 (1987)

731 P.2d 638

STATE of Arizona, Appellant, v. David T. JOHNSTON, Appellee.

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

January 8, 1987.

Attorney(s) appearing for the Case

Stephen G. Udall, Apache Co. Atty. by Kevin H. Maricle, Deputy Co. Atty., St. Johns, for appellant.

David A. Brown, St. Johns, for appellee.

OPINION

MEYERSON, Judge.

Appellee was charged by information with driving a motor vehicle while under the influence of intoxicating liquor while his operator's or chauffer's license was suspended, cancelled, rejected, or refused, a class 5 felony, in violation of A.R.S. § 28-692.02. Although appellee had a valid Montana driver's license at the time he was stopped, the prosecution under A.R.S. § 28-692.02 was based on a prior license revocation in...

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