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STATE EX REL. WANGBERG v. SMITH

No. 1 CA-SA 05-0082.

118 P.3d 49 (2005)

STATE of Arizona ex rel. Kerry G. WANGBERG, Phoenix City Prosecutor, Petitioner, v. The Honorable Richard M. SMITH, Judge of the Phoenix Municipal Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Judd M. Levinson, Real Party in Interest.

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

August 25, 2005.

Attorney(s) appearing for the Case

Kerry G. Wangberg, Phoenix City Prosecutor By B. Don Taylor, Assistant City Prosecutor, Phoenix, Attorney for Petitioner.

William S. Chick, Phoenix, Attorney for Respondent, Real Party in Interest.

Derickson Law Offices By David G. Derickson, Pamela Nicholson, Phoenix, Attorneys for Amicus Curie.

OPINION

OROZCO, Judge.

¶ 1 The Phoenix City Prosecutor's Office (State) brought this special action requesting reversal of the municipal court's order granting Judd Levinson (Real Party in Interest), a jury trial for misdemeanor driving under the influence (DUI). For the reasons that follow, we accept jurisdiction but deny relief.

BACKGROUND

¶ 2 Levinson was arrested and charged with violating three separate misdemeanor DUI statutes...

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