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STATE v. SUPERIOR COURT

No. 1 CA-SA 92-062.

173 Ariz. 447 (1992)

844 P.2d 614

The STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF COCONINO; the Honorable Richard K. Mangum, a judge thereof, Respondent Judge, Pamela Elaine RYBERG, Real Party in Interest.

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

Reconsideration Denied July 17, 1992.

Review Denied February 2, 1993.

Attorney(s) appearing for the Case

John Verkamp, Coconino County Atty. by Richard W. Waite, Deputy County Atty., Flagstaff, for petitioner.

Aspey, Watkins & Diesel by Louis M. Diesel, Flagstaff, for real party in interest.

OPINION

TOCI, Judge.

The issue in this case is whether the justice court abused its discretion when it granted defendant's motion to sever the charge of violating Ariz. Rev. Stat. Ann. ("A.R.S.") section 28-692(A)(1) (driving under the influence) from the charge of violating A.R.S. section 28-692(A)(2) (having a blood alcohol concentration ("BAC") of .10 or more within two hours of driving). In order to resolve that issue, we must decide a subordinate issue...

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