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STATE v. LUMMUS

No. 1 CA-CR 96-0748.

950 P.2d 1190 (1997)

190 Ariz. 569

STATE of Arizona, Appellee, v. Robert Gordon LUMMUS, Appellant.

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

Review Denied February 18, 1998.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Robert S. Golden, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Stephen R. Collins, Deputy Public Defender, Phoenix, for Appellant.

OPINION

KLEINSCHMIDT, Judge.

This case involves a conviction for driving under the influence of intoxicating liquor. We hold that allowing a witness to testify that on a scale of one to ten the Defendant rated a "ten plus" for intoxication is the same thing as testifying that the Defendant was very intoxicated. This was an expression of opinion on the ultimate issue in the case of the type discouraged by our supreme court in Fuenning v. Superior Court...

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