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STATE EX REL. McDOUGALL v. SUPERIOR COURT

Nos. 1 CA-SA 94-0001, 1 CA-SA 94-0043.

178 Ariz. 544 (1994)

875 P.2d 203

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 Stephen A. Gerst, a judge thereof, Respondent Judge, Roy GURULE, Real Party in Interest. Roy GURULE, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Stephen A. Gerst, a judge thereof, Respondent Judge, STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Real Party in Interest.

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

Review Denied June 21, 1994.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Christina E. Koehn, Asst. City Prosecutor, Phoenix, for petitioner.

Jose S. Padilla, Phoenix, for real party in interest.

OPINION

CLABORNE, Presiding Judge.

The State petitions for special action relief from the superior court's ruling reversing the conviction of Roy Gurule ("Defendant") for violating Ariz. Rev. Stat. Ann. ("A.R.S.") section 28-692(A)(2) (Supp. 1993), driving under the influence with a blood alcohol concentration of 0.10% or more. This is a consolidated petition in which two issues are raised for our review. The first issue is whether the margin...

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