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STATE v. THORNTON

No. 1 CA-CR 90-1565.

172 Ariz. 449 (1992)

837 P.2d 1184

STATE of Arizona, Appellant, v. Dan Morgan THORNTON, Appellee.

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

Review Denied October 20, 1992.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Arthur Hazelton, Deputy County Atty., Phoenix, for appellant.

Castro, Zipf & Marable by Ernesto R. Castro, Cottonwood, for appellee.

OPINION

GERBER, Judge.

A jury found appellee Thornton guilty of driving under the influence of intoxicating liquor while his license was suspended, revoked, canceled, or refused, a class five felony. He moved for a new trial based on a violation of his right to counsel. The trial court granted him a new trial. The state appeals to request a reinstatement of the verdict. The case raises important issues regarding suppression of evidence.

FACTS

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