STATE EX REL. McDOUGALL v. SUPERIOR COURT

No. 1 CA-SA 96-0175.

188 Ariz. 147 (1996)

933 P.2d 1215

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 Thomas Dunevant, III, a judge thereof, Phoenix Municipal Court, the Honorable Richard Garica, a judge thereof, Respondent Judges, Shelly Marie PLUMMER, Real Party in Interest.

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

Reconsideration Denied September 13, 1996.

Review Denied March 25, 1997.


Attorney(s) appearing for the Case

Roderick G. McDougall, City Attorney by Samuel K. Lesley, Assistant City Prosecutor, Phoenix, for Petitioner.

Law Office of Mark N. Weingart by Martin G. McAuliffe, Tempe, for Real Party in Interest.


OPINION

GERBER, Judge.

Petitioner State of Arizona sought special action relief from the respondent judges' dismissals of two DUI-related counts against real party in interest Shelly Plummer (Ms. Plummer). In a previous order, we accepted jurisdiction and granted relief. This opinion explains that order.

FACTS AND PROCEDURAL HISTORY

On December 14, 1995, Phoenix Police Officer Tranter...

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