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STATE v. ROBLES

No. 2 CA-CR 91-0640.

171 Ariz. 441 (1992)

831 P.2d 440

The STATE of Arizona, Appellant, v. Arthur G. ROBLES, Appellee.

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

May 7, 1992.

Attorney(s) appearing for the Case

Roy A. Mendoza, Pinal County Atty. by Bradley M. Soos, Florence, for appellant.

Stanfield, McCarville, Figueroa, Cooper & Vasquez, P.C. by Stephen F. McCarville, Casa Grande, for appellee.

OPINION

LACAGNINA, Presiding Judge.

The state appeals from the trial court's order dismissing two charges of driving under the influence (DUI) against Arthur G. Robles. Because we conclude that the trial court abused its discretion in misapplying the applicable law to the facts of this case, we reverse.

On December 9, 1990, at 3:24 a.m., Casa Grande Police Officer Tena received a call from the police dispatcher alerting him to a blue Toyota pickup...

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