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STATE v. MARTIN

No. 1 CA-CR 91-1229.

174 Ariz. 118 (1992)

847 P.2d 619

STATE of Arizona, Appellee, v. Thomas R. MARTIN, Appellant.

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

Review Denied March 30, 1993.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Gregory L. Hanchett, Asst. City Prosecutor, Phoenix, for appellee.

Duane Varbel & Associates by Duane Varbel, Phoenix, for appellant.

OPINION

TOCI, Judge.

A jury convicted defendant in Phoenix Municipal Court of driving a motor vehicle while under the influence of intoxicating liquor. Two principal issues are presented on appeal: (1) whether Ariz. Rev. Stat. Ann. ("A.R.S.") section 28-692(A)(1) (driving under the influence)1 and section 28-692(A)(2) (having a blood alcohol concentration ("BAC") of 0.10 within two hours of driving)2

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