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STATE v. MILLER

No. 2 CA-CR 88-0570.

161 Ariz. 468 (1989)

778 P.2d 1364

The STATE of Arizona, Appellant/Cross-Appellee, v. Halvi MILLER, II, Appellee/Cross-Appellant.

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

Review Denied September 19, 1989.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Thomas J. Zawada, Tucson, for appellant/cross-appellee.

Harold L. Higgins, Jr., Pima County Public Defender by Wayne E. Yehling, Tucson, for appellee/cross-appellant.

OPINION

PER CURIAM.

The state has appealed from the trial court's order granting appellee's motion to dismiss the charges against him. Appellee was indicted on two class 5 felony DUI charges, and the state filed an allegation of a prior DUI conviction. Appellee filed three motions to dismiss, the motion in question contending that dismissal was required under Montano v. Superior Court, 149 Ariz. 385,

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