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STATE v. STIDHAM

No. 1 CA-CR 88-1082.

164 Ariz. 145 (1990)

791 P.2d 671

STATE of Arizona, Appellee, v. Tom Dean STIDHAM, Appellant.

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

May 1, 1990.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Criminal Div., and Diane M. Ramsey, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Spencer D. Heffel, Deputy Public Defender, Phoenix, for appellant.

OPINION

GRANT, Chief Judge.

Appellant Tom Dean Stidham (defendant) was charged by indictment with driving under the influence (DUI) while his license was suspended, cancelled, revoked or refused. The jury found him guilty as charged. He received a mitigated sentence of 1.5 years. Defendant timely appealed.

The facts may be summarized as follows, viewed in the light most favorable to sustaining the conviction. State v. Villafuente,

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