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STATE v. ROOT

No. 1 CA-CR 97-0737.

973 P.2d 1203 (1998)

193 Ariz. 442

STATE of Arizona, Appellee, v. Lance Allen ROOT, Appellant.

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

As Amended December 15, 1998.

Review Granted April 14, 1999.

Attorney(s) appearing for the Case

Grant Woods, Attorney General By Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Serena Christion, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Law Offices of David Michael Cantor, P.C. By David Michael Cantor, Mesa, Attorney for Appellant.

OPINION

GARBARINO, Judge

¶ 1 Lance Allen Root (the defendant) appeals his conviction and sentence for aggravated driving under the influence of intoxicating liquor or drugs (aggravated DUI), a class 4 felony. We reverse and remand for a new trial.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 In the early morning hours of April 21, 1996, a Mesa police officer responded to a report of a two-car accident. While the officer was speaking with...

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