STATE, EX REL. McDOUGALL v. GERBER

No. CV-88-0312-SA.

159 Ariz. 241 (1988)

766 P.2d 593

STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. The Honorable Rudolph J. GERBER, Judge of the Superior Court of Maricopa County; the Superior Court of the State of Arizona, in and for the County of Maricopa; M. Louis Levin, Presiding Judge of the Phoenix Municipal Court; and the Phoenix Municipal Court, Respondents, and Charles T. STEGALL, Respondent/Real Party in Interest.

Supreme Court of Arizona, In Banc.

Reconsideration Denied January 31, 1989.


Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Michael L. Scanlan, Asst. City Prosecutor, Phoenix, for petitioner.

Frederick S. Dean, Tucson City Atty. by Christopher L. Straub, Asst. City Atty., Tucson, for amicus curiae Tucson City Prosecutor.

Michael J. Dew, Phoenix, for respondent/real party in interest.


CAMERON, Justice.

I. JURISDICTION

We granted the state's petition for special action to determine whether the time a DUI case is on appeal is excludable from the speedy trial limits of Rule 8, Ariz.R. Crim.P., 17 A.R.S. and Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986). We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), A.R.S. § 12-120.24 and Ariz.R.Sp...

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