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STATE v. SHONE

No. 1 CA-CR 96-0819.

945 P.2d 834 (1997)

190 Ariz. 113

STATE of Arizona, Appellee, v. Louis SHONE, Appellant.

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

September 23, 1997.

Attorney(s) appearing for the Case

Grant Woods, Arizona Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Consuelo M. Ohanesian, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by James L. Edgar, Deputy Public Defender, Phoenix, for Appellant.

OPINION

PATTERSON, Judge.

Louis Shone appeals his conviction and sentence for aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs (DUI), a class four felony. Shone was sentenced to four years probation, including four months imprisonment. We reverse.

FACTS AND PROCEDURAL HISTORY

We view the facts in a light most favorable to sustaining the verdict, resolving all reasonable inferences against...

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