MARTINEZ v. SUPERIOR COURT

No. 1 CA-SA 94-0200.

181 Ariz. 467 (1994)

891 P.2d 934

Larry MARTINEZ, 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, Richard W. GARNETT, III, State of Arizona, ex rel. Scottsdale City Attorney, Real Party in Interest.

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

Review Denied March 21, 1995.


Attorney(s) appearing for the Case

Mark N. Weingart, Tempe, for petitioner.

Richard W. Garnett, III, Scottsdale City Atty. by Kay Bigelow, Chief Prosecutor, and Joel Rudd, Asst. City Prosecutor, Scottsdale, for respondent.


OPINION

KLEINSCHMIDT, Judge.

This special action seeks the dismissal of a prosecution for driving under the influence of alcohol. The Petitioner claims that he was denied meaningful communication with his attorney on the night of his arrest. We accept jurisdiction of this special action, but deny relief because we find that the Petitioner's communication with his attorney, while conducted under less than ideal...

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