STATE EX REL. McDOUGALL v. SUPERIOR COURT

No. 1 CA-SA 91-137.

170 Ariz. 474 (1991)

826 P.2d 337

STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA; Honorable Frederick J. Martone, a Judge thereof, Respondent Judge. Jerome G. KLEMENCIC, Real Party in Interest.

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

Review Denied March 17, 1992.


Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Taras K. Naum, Asst. City Prosecutor, Phoenix, for petitioner.

Michael B. Morrison, Phoenix, for real party in interest.


OPINION

CLABORNE, Judge.

The State of Arizona brings this special action challenging the superior court's affirmance of the Phoenix city magistrate's suppression of Jerome G. Klemencic's (defendant) breath alcohol test results. Because we find that the state presented sufficient evidence relating defendant's breath test results back to the time of the arrest, we accept jurisdiction of this special action and grant...

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