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STATE v. GALATI

No. 1 CA-SA 98-0143.

973 P.2d 1198 (1998)

193 Ariz. 437

STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. The Honorable Frank T. GALATI, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Russell K. Petersen, Real Party in Interest.

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

Review Granted April 14, 1999.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Gerald R. Grant, Deputy County Attorney, Phoenix, for Petitioner.

Dean W. Trebesch, Maricopa County Public Defender by John Rock, Deputy Public Defender, C. Daniel Carrion, Deputy Public Defender, Russell G. Born, Deputy Public Defender Attorneys, Phoenix, for Real Party in Interest.

Michael J. Dew, Attorney, Phoenix, for Amicus Curiae City of Phoenix Public Defender Contract Administrator's Office.

OPINION

NOYES, Judge

¶ 1 Defendant, real party in interest Russell K. Petersen, was charged with two counts of aggravated driving under the influence ("DUI"), in violation of Arizona Revised Statutes Annotated ("A.R.S.") sections 28-697(A)(1) and (2) (1996) (renumbered as 28-1383(A)(1) and (2) (1998)). The aggravating element of Count 1 was that the new DUI was committed when Petersen's driver's license was suspended, canceled, revoked or refused, or...

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