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STATE v. SUPERIOR COURT

No. 1 CA-SA 93-0037.

176 Ariz. 614 (1993)

863 P.2d 906

STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Lindsay Ellis, a judge thereof, Respondent Judge, Edward A. WALKER, Real Party in Interest.

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

Reconsideration Denied December 15, 1993.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Mark K. Ainley, Deputy County Atty., Phoenix, for petitioner.

Dean W. Trebesch, Maricopa County Public Defender by Rickey Watson, Deputy Public Defender, Phoenix, for real party in interest.

OPINION

VOSS, Presiding Judge.

In this case we hold that a defendant charged with aggravated driving while under the influence of intoxicating liquor or drugs ("aggravated DUI") pursuant to Ariz. Rev. Stat. Ann. ("A.R.S.") § 28-697(A)(2) is not entitled to a bifurcated trial.

FACTS AND PROCEDURAL HISTORY

In August 1992, Edward A. Walker ("defendant") was charged with two counts of aggravated DUI, class 5 felonies. The indictment alleges...

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