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ROBBINS v. DARROW

No. 1 CA-SA 06-0195.

148 P.3d 1164 (2006)

Robin Lynn ROBBINS, Petitioner, v. The Honorable Warren R. DARROW, Judge of the Superior Court of the State of Arizona, in and for the County of Yavapai, Respondent Judge, State of Arizona, Real Party in Interest.

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

December 19, 2006.

Attorney(s) appearing for the Case

Aspey Watkins & Diesel PLLC, By Bruce S. Griffen, Flagstaff, Attorneys for Petitioner.

Sheila Polk, Yavapai County Attorney By Joseph C. Butner, III, Deputy County Attorney, Prescott, Attorneys for Real Party in Interest.

OPINION

NORRIS, Judge.

¶ 1 This special action arises out of an order entered by the superior court denying a motion by petitioner, Robin Lynn Robbins, to preclude the jury panel from hearing allegations that Robbins had prior convictions for driving under the influence (DUI). The issue we must decide is whether, in a misdemeanor prosecution under Arizona Revised Statutes (A.R.S.) section 28-1381 (2004), the existence of a prior DUI conviction is an...

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