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STATE v. JUAREZ

Nos. CR-88-0372-PR, CV-88-0491-SA and CV-88-0510-SA.

161 Ariz. 76 (1989)

775 P.2d 1140

The STATE of Arizona, Appellee, v. Timothy JUAREZ, Jr., Appellant. Mark Neal SCHOEFFLER, Petitioner, v. SUPERIOR COURT In and For MARICOPA COUNTY, and the Honorable Michael O. Wilkinson, a judge thereof; Municipal Court of the City of Phoenix, and the Honorable Ralph G. Smith, Jr., and the Honorable John J. Murphy, Judges thereof, and The STATE of Arizona, Real Party in Interest, Respondents. William M. ELSBURY, Petitioner, v. Patrick O'NEIL, Judge Pro Tem of the Superior Court, County of Maricopa, State of Arizona; Roderick G. McDougall, as City Attorney of the City of Phoenix, Arizona; M. Louis Levin, as Presiding Judge of the Phoenix Municipal Court, Phoenix, Arizona; and N. Pike Johnson, as Judge of the Phoenix Municipal Court, Phoenix, Arizona, Respondents.

Supreme Court of Arizona, In Banc.

Reconsideration Denied June 13, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., Phoenix, by Eric J. Olsson, Asst. Atty. Gen., Tucson, for appellee State.

Robert Arentz, Cochise County Public Defender by Joseph P. DiRoberto, Deputy Public Defender, Bisbee, for appellant Timothy Juarez, Jr.

Roderick G. McDougall, Phoenix City Atty. by Samuel K. Lesley and Richard J. Graci, Asst. City Prosecutors, Phoenix, for respondent/real party in interest.

Earl Terman, Phoenix, for petitioner Mark Schoeffler.

Patrick E. Eldridge, Phoenix, for petitioner William Elsbury.

CAMERON, Justice.

I. JURISDICTION

Timothy Juarez, Jr., petitions this court to review the court of appeals' decision affirming his convictions by a jury of driving under the influence of intoxicating liquor (DUI) (A.R.S. § 28-692(A)) and driving with a blood alcohol content (BAC) of 0.10 percent or more (A.R.S. § 28-692(B)). William M. Elsbury petitioned this court for writ of special action to review his convictions for DUI (A.R.S. § 28-692...

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