STATE EX REL. McDOUGALL v. CRAWFORD

1 CA-CIV 88-116.

159 Ariz. 339 (1989)

767 P.2d 226

STATE of Arizona, ex rel., Roderick G. McDOUGALL, Phoenix City Attorney, Plaintiffs-Appellants, v. The Honorable Louraine R. CRAWFORD, Magistrate; and the Municipal Court of the City of Phoenix, Arizona, and Mike E. Richardson, Defendants-Appellees.

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

January 5, 1989.


Attorney(s) appearing for the Case

Roderick G. McDougall, City Atty. by Laurel M. Canham, Asst. City Prosecutor, Phoenix, for plaintiffs-appellants.

Frederick M. Aeed, Phoenix, for defendants-appellees.


OPINION

HAIRE, Presiding Judge.

The state has appealed from the superior court's order dismissing its special action on the ground that the state had a remedy by direct appeal. The special action challenged a city court judge's order striking an allegation of a prior conviction for driving while under the influence (DUI) and sentencing the defendant as a first-time offender. The background facts are as follows.

Appellee Mike E. Richardson (defendant...

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