STATE EX REL. McDOUGALL v. SUPERIOR COURT

No. 1 CA-SA 94-0135.

179 Ariz. 295 (1994)

877 P.2d 1351

STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Joseph D. Howe, a judge thereof, Respondent Judge, Jeffrey L. STEEN, Real Party in Interest.

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

July 26, 1994.


Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Fred A. Bibeau, Asst. City Prosecutor, Phoenix, for petitioner.

Mark N. Weingart, Tempe, for real party in interest.


OPINION

VOSS, Judge.

In this special action, the State asks us to overturn the superior court's order denying the State's appeal of the trial court's suppression of the Real Party in Interest's, Jeffrey L. Steen's (Steen's) breath test result in his retrial on the charge that he violated Ariz. Rev. Stat. Ann. (A.R.S.) section 28-692(A)(1).

For the reasons expressed below, we accept jurisdiction and grant relief.

FACTS AND PROCEDURAL HISTORY...

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