STATE v. RUFENACHT

No. 2 CA-CR 88-0108.

157 Ariz. 10 (1988)

754 P.2d 339

The STATE of Arizona, Appellee, v. Thomas Eugene RUFENACHT, Appellant.

Court of Appeals of Arizona, Division 2, Department A.

April 21, 1988.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Vicki Gotkin Adler, Phoenix, for appellee.

John C. Williams, Prescott, for appellant.


OPINION

LACAGNINA, Chief Judge.

In 1982 Thomas Eugene Rufenacht was convicted by a jury in absentia of driving under the influence on a suspended license, a class 6 felony. He was eventually apprehended and sentenced on August 3, 1987, when the trial court placed him on supervised probation for three years with the condition that he serve 60 days in jail.

Rufenacht argues he was entitled to a dismissal of the felony charge, because the state failed...

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