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STATE v. DAWLEY

No. 2CA-SA 01-0078.

34 P.3d 394 (2001)

201 Ariz. 285

The STATE of Arizona, Petitioner, v. Hon. Frank DAWLEY, Judge Pro Tempore of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Frank Barraza, Real Party in Interest.

Court of Appeals of Arizona, Division Two, Department A.

November 15, 2001.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney, By Michelle C. Araneta and Elizabeth Hurley, Tucson, for Petitioner.

Susan A. Kettlewell, Pima County Public Defender, By Dean J. Brault, Tucson, for Real Party in Interest.

OPINION

BRAMMER, Presiding Judge.

¶ 1 Real party in interest Frank Barraza is facing a second trial for the offenses of aggravated driving or actual physical control of a vehicle while under the influence of an intoxicant (DUI) and aggravated driving or actual physical control of a vehicle with a blood alcohol concentration (BAC) of .10 or greater within two hours of driving or being in actual physical control of the vehicle. At Barraza's first...

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