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STATE EX REL. ROMLEY v. ALBRECHT

No. CV-90-0224-SA.

168 Ariz. 468 (1991)

815 P.2d 395

STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. The Honorable Rebecca ALBRECHT, Judge of the Superior Court of Maricopa County, Respondent, and Solomon L. PADILLA, Real Party in Interest.

Supreme Court of Arizona, En Banc.

June 27, 1991.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa Co. Atty. by H. Allen Gerhardt, Jr., Deputy Co. Atty., Phoenix, for petitioner.

Dean W. Trebesch, Maricopa County Public Defender by James P. Cleary, Deputy Public Defender, Phoenix, for real party in interest.

OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

Real party in interest Solomon L. Padilla (defendant) was charged in two counts with driving while under the influence of intoxicating liquor and driving with a blood alcohol content of.10 percent or more. The state alleged that the offenses were committed while defendant's license was suspended and were, therefore, class 5 felonies pursuant to A.R.S. § 28-692.02. For purposes of potential sentence...

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