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GIBBONS v. SUPERIOR COURT

No. 1 CA-SA 94-0062.

178 Ariz. 362 (1994)

873 P.2d 700

Michael GIBBONS, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF LA PAZ, the Honorable Michael Irwin, a judge thereof, Respondent Judge, Steven P. SUSKIN, La Paz County Attorney, Real Party in Interest.

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

April 21, 1994.

Attorney(s) appearing for the Case

Michael J. Burke, La Paz County Public Defender, Parker, for petitioner.

Steven P. Suskin, La Paz County Atty. by Mark Horlings, Deputy County Atty., Parker, for real party in interest.

OPINION

VOSS, Judge.

Defendant Michael Gibbons was charged with aggravated driving or actual physical control while under the influence of intoxicating liquor ("aggravated DUI"), a class 4 felony. Ariz. Rev. Stat. Ann. ("A.R.S.") § 28-697(A)(1) (Supp. 1993). Defendant pled guilty to DUI while on a suspended license. Prior to sentencing, the judge ruled that Defendant was subject to a mandatory four-month sentence pursuant to A.R.S. section 28-697(E) and...

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