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STATE v. NICHOLS

No. 2 CA-SA 91-0045.

169 Ariz. 409 (1991)

819 P.2d 995

STATE of Arizona, Petitioner, v. The Honorable Richard D. NICHOLS, a Judge Pro Tempore for the Superior Court of the State of Arizona, County of Pima, Respondent. and Michael LAYNE, Real Party in Interest.

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

Review Denied December 3, 1991.

Attorney(s) appearing for the Case

Frederick S. Dean, City Atty. by R. William Call and William F. Mills, Tucson, for petitioner.

D. Jesse Smith, Tucson, for real party in interest.

OPINION

JAMES C. CARRUTH, Superior Court Judge.*

The State of Arizona seeks special action relief from the Superior Court's order granting real party in interest Michael Layne special action relief from the Tucson City Court's denial of his motion to dismiss a charge of driving while under the influence of alcohol (DUI). The superior court concluded that the DUI proceeding subjected Layne to double jeopardy in light of the prior...

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