STATE v. PHILLIPS

No. 1 CA-CR 93-0417.

178 Ariz. 368 (1994)

873 P.2d 706

STATE of Arizona, Appellee, v. Carolyn J. PHILLIPS, Appellant.

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

As Amended May 12, 1994.


Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Gregory L. Hanchett, Asst. City Prosecutor, Phoenix, for appellee.

Patrick E. Eldridge, Phoenix, for appellant.

Richard M. Romley, Maricopa County Atty. by Mark K. Ainley, Deputy County Atty., Phoenix, R. William Call, Deputy City Atty., Tucson, amicus curiae for appellee.


OPINION

EHRLICH, Judge.

The defendant appeals her conviction and sentence under Arizona Revised Statutes Annotated ("A.R.S.") section 28-692(A)(3), claiming that the statute is unconstitutional. For the following reasons, we affirm the conviction and sentence.

FACTS AND PROCEDURAL HISTORY

The facts are not in dispute. On March 30, 1992, a Phoenix police officer responded to a traffic accident which involved the defendant. At the scene...

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